LOS Banos · 2014-06-13 · LOS Banos www,losbanos.org AGENDA CITY COUNCIL MEETING CITY HALL...

LOS Banos www,losbanos.org

AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS 520 J Street

Los Banos, California

JUNE 18, 2014

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

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

Si requiere asistencia especial para atender 0 participar en esta junta por favor lIame a la oficina de /a Secretaria de /a ciudad al (209) 827-7000 a 10 menos de 48 haras pre vias de /8 junta.

La Guidad de Los Banos cump/e con /a Acta de Americanos con Deshabifidad (ADA) de 1990.

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

and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. /n addition, such writings and documents may be posted

on the City's website at \lV\Nwlosbanos,ora, * ************

Cua/quier escritura 0 los documentos proporcionaron a una mayorfa del Ayuntamiento respecto a cualquier articulo en este orden del dfa sera hecho disponible para la

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

pueden ser anunciados en el website de la ciudad en www.losbanos.ora,

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 18, 2014 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 #147730 - #147902 in the Amount of $972,949.07.

Recommendation: Approve the check register as submitted.

B. Street Closure Request for Saturday, June 28, 2014 from 9:00 a.m. to 5:00 p.m., on the 500 Block of Sixth Street for a Car Show being held by the Los Banos Elks Lodge No. 2510.

Recommendation: Approve the street closure request as submitted.

C. Street Closure Request/Block Party for Friday, July 4, 2014 from 12:00 p.m. to 11 :00 p.m., on the 200 Block of North Santa Clara Street.

Recommendation: Approve the street closurelblock party request as submitted.

D. Street Closure Request/Block Party for Friday, July 4, 2014 from 12:00 p.m. to 10:00 p.m., on the 500 Block of Sixth Street.

Recommendation: Approve the street closurelblock party request as submitted.

E. City Council Resolution No. 5585 - Approving an Amendment to Division 5-G - Overtime Compensation Policy, and Division 6 - Fair Labor Standards Act of the City's Policy & Procedures Manual.

Recommendation: Adopt the resolution as submitted.

F. City Council Resolution No. 5586 - Approving the Recertification and Adoption of the City of Los Banos Sewer System Management Plan.

Recommendation: Adopt the resolution as submitted.

7. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 5587 - SPECIFYING THE CRITERIA TO GUIDE THE PREPARATION OF COUNCIL DISTRICTS FOR SUBMISSION OF BY-DISTRICT ELECTION METHOD TO THE VOTERS ON THE NOVEMBER 4,2014 BALLOT.

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

8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)

A. Public Hearing - To Receive Public Comment and Consideration of the Appropriation Limitation for the 2014/2015 Fiscal Year (FY).

Los Banos City Council Agenda June 18, 2014 0f4

1) City Council Resolution No. 5588 - Setting the Tax Related Appropriation Limit in Compliance with Proposition 4 and Proposition 111 for the 2014/2015 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 2014/2015 Fiscal Year (FY) Budget.

1) City Council Resolution No. 5589 - Adopting the 2014/2015 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.

C. Public Hearing - To Receive Public Comment and Consideration of a Proposed Ordinance to Establish a Process by Which Certain Types of Development Projects and Structures Shall be Subject to a Comprehensive Discretionary Review Approval Process before the City's Planning Commission Concerning Site Development and Architecture Review.

1) Ordinance No. 1119 - Amending Title 9, Chapter 3 Article 23, of the Los Banos Municipal Code to Amend and Revise the Site Plan Review Procedure; to Reorganize Article 23 of Title 9, Chapter 3 into Six (6) Parts; and to Repeal Sections within Title 9, Chapter 3 Inconsistent with the Revised Site Plan Review Procedure.

(Second Reading & Adoption)

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

D. Public Hearing - To Receive Public Comment and Consideration of Conditional Use Permit to Allow the Use of a Type 41 Alcohol License for the On-Sale of Beer and Wine in Conjunction with an Eating Establishment (Playa Azul) Located at 2160 E. Pacheco Boulevard, Suite A, Assessor's Parcel Number 428-160-032.

1) City Council Resolution No. 5590 - Approving Conditional Use Permit #2014-07 for the On-Sale of Beer and Wine for Playa Azul Located at 2160 E. Pacheco Boulevard, Suite A, Assessor's Parcel Number 428-160-032.

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

Los Banos City Council Agenda - June 18, 2014 0f4

9. DESIGNATION OF VOTING DELEGATE AND ALTERNATES FOR THE 2014 LEAGUE OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE BEING HELD SEPTEMBER 3-5, 2014 IN LOS ANGELES.

Recommendation: Designate the Mayor as the voting delegate and two (2) Council Members as alternate voting delegates.

10. DISCUSSION REGARDING MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) RESOLUTION NO. 2011/05-05-01 AND THE CITY'S PARTICIPATION IN THE REGIONAL TRANSPORTATION IMPACT FEE (RTIF) AND REMOVING RESIDENTIAL FROM RTIF AND KEEPING THE FUNDS IN LOS BANOS (TO BE CONTINUED TO JULY 16, 2014).

Recommendation: Continue the item as requested.

11. ADVISEMENT OF PUBLIC NOTICES. (No Report)

12. CITY MANAGER REPORT.

13. CITY COUNCIL MEMBER REPORTS.

A. Elizabeth Stonegrove

B. Tom Faria

C. Deborah Lewis

D. Scott Silveira

E. Mayor Mike Villalta

14. ADJOURNMENT.

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

t~.;..~ Lucille L. Mallonee. City Clerk Dated this 12'h day of June 2014

Los Banos City Council Agenda - June 18, 2014 of4

CK# 147730-147902 Bank Reconciliation Checks by Date

6/18/2014 $972,949.07

User: jdemelo Printed: 06/12/2014 - 10:51AM

Cleared and Not Cleared Check~ Print Void Checks

Check No Check Date

147730 5/30/2014

147731 5/30/2014

147732 5/30/2014

147733 5/30/2014

147734 5/30/2014

147735 5/30/2014

147736 5/30/2014

147737 5/30/2014

147738 5/30/2014

147739 5/30/2014

147740 5/30/2014

147741 5/30/2014

147742 5/30/2014

147743 5/30/2014

147744 5/30/2014

147745 5/30/2014

147746 5/30/2014

147747 5/30/2014

147748 5/30/2014

147749 5/30/2014

147750 5/30/2014

147751 5/30/2014

147752 5/30/2014

147753 5/30/2014

147754 5/30/2014

147755 5/30/2014

147756 5/30/2014

147757 5/30/2014

147758 5/30/2014

147759 5/30/2014

147760 5/30/2014

147761 5/30/2014

147762 5/30/2014

147763 5/30/2014

147764 5/30/2014

147765 5/30/2014

147766 5/30/2014

147767 5/30/2014

147768 5/30/2014

147769 5/30/2014

147770 5/30/2014

Name

Allied Waste Services #917

Anthony Gomes

Ararnark Unifonn Ser Inc AT&T

Board of Equalization

Bruce's Tire Inc

BSK Analytical Laboratories Cal-Line Equipment Inc

Comeast

Corneast

City of Los Banos Utility

Electrical Distributors Co. F astenal Company

Ferguson Enterprises Inc DBA Groel Ferrellgas, Inc.

Galls Inc

Tiffany Leanne Basuil Garcia Great Valley Supply

Heppner Precision Machine

Hoffman Electronic Systems

Holt of California Keith Jones

Liebert Cassidy Whitmore

Los Banos Volunteer

Los Banos Ministries

Los Banos Unified School District Steve Maci11as

Marfab Inc

Andrew Meza

New Pig Corporation

Nielsen Merksamer Parrinello Gross c

Gerald "Obiel1 O'Brien

The Office City

OSE

P G & E Company

P G & E Company

Provost and Pritchard Engineering, Ir

Radio Shack Accounts Rec

Scott Savage

Santos Ford Lincoln Mercury, Inc.

Save Mart Supennarkets

1\ r·lo·tYOfs Banos ~

'" }F-

Module Void Amount

AP 286,290.24

AP 627.00

AP 792.99

AP 644.92

AP 1,263.00

AP 327.96

AP 2,715.00

AP 31.58

AP 189.93

AP 420.00

AP 28,003.91

AP 140.78

AP 356.34

AP 2,771.34

AP 36.77

AP 202.18

AP 57.00

AP 127.87

AP 1,438.81

AP 8,195.00

AP 486.06

AP 500.00

AP 1,530.00

AP 2,000.00

AP 362.50

AP 129.76

AP 105.00

AP 129.08

AP 3,048.81

AP 1,020.45

AP 5,000.00

AP 77.14

AP 607.61

AP 54.34

AP 107,355.14

AP 4,184.52

AP 395.60

AP 63.05

AP 477.50

AP 130.70

AP 260.26

Check No Check Date Name Module Void Amount 147771 5/30/2014 Henry Schein Inc. AP 119.67 147772 5/30/2014 Seeger's Printing AP 5,151.60 147773 5/30/2014 Sherwin Williams Co AP 47.93 147774 5/30/2014 Snap On Tools AP 32.18 147775 5/30/2014 Sol's Mobile Service AP 652.79 147776 5/30/2014 Sorensens True Value AP 1,133.13 147777 5/30/2014 Staples Credit Plan AP 43.82 147778 5/30/2014 Stradling Y oeca Carlson & Rauth AP 796.50 147779 5/30/2014 Ulises Sanchez AP 500.00 147780 5/30/2014 Toscano Upholstery AP 169.56 147781 5/30/2014 Tulare Firestone AP 21.09 147782 5/30/2014 U,S. Bank Equipment Finance AP 1,890.82 147783 5/30/2014 Vavrinek, Trine, Day & Co., LLP AP 560.00 147784 5/30/2014 Law Offices of William A Vaughn AP 9,000.00 147785 5/30/2014 Verizon Wireless AP 859.95 147786 5/30/2014 Westside Water Conditioning AP 130.00 147787 5/30/2014 Jennifer Williams AP 912.50 147788 5/30/2014 Windecker Inc AP 2,997.08 147789 5/30/2014 Young's Air Conditioning AP 782.00 147824 6/5/2014 Aflac-Customer Service AP 161.32 147825 6/5/2014 Aflac-Customer Service AP 158.15 147826 6/5/2014 Aflac-Customer Service AP 41.26 147827 6/5/2014 Aflac-Custorner Service AP 92.34 147828 6/5/2014 Bank of America AP 67,748.29 147829 6/5/2014 Bank of America AP 2,708.70 147830 6/5/2014 Bank of America AP 11,760.34 147831 6/5/2014 Hartford Life Ins Co AP 1,277.15 147832 6/5/2014 Hartford Life Ins Co AP 4,720.00 147833 6/5/2014 In Shape Health Clubs Inc AP 418.00 147834 6/5/2014 Los Banos Police Assn AP 2,007.00 147835 6/5/2014 Anthony Parker AP 215.00 147836 6/5/2014 Nationwide Retirement Solutions AP 1,840.00 147837 6/5/2014 PERS Long Tenn Care AP 88.45 147838 6/5/2014 Professional Fire Fighter AP 630.00 147839 6/5/2014 SRPSTC AP 118.00 147840 6/5/2014 State Disbursement Unit AP 1,835.00 147841 6/5/2014 Vantagepont Transfer Agents - 3067S AP 455.00 147842 6/5/2014 Vantagepoint Transfer Agents - 7058: AP 25.00 147843 6/5/2014 Vantagepoint Transfer Agents - 8018. AP 1,025.00 147844 6/5/2014 A & A Portables Inc AP 225.50 147845 6/5/2014 Abbott & Kindennann, LLP AP 6,229.24 147846 6/5/2014 ABS Direct, Inc. AP 1,053.44 147847 6/5/2014 Ameripride Valley UnifOIm Services AP 142.08 147848 6/5/2014 Henry A Anderson Jr AP 40.00 147849 6/5/2014 Anthony Gomes AP 2,850.00 147850 6/5/2014 Ascent Aviation Group, Inc. AP 32,558.27 147851 6/5/2014 AT&T AP 359.68 147852 6/5/2014 AT&T AP 16.66 147853 6/5/2014 Bank of America AP 23,246.54 147854 6/5/2014 Dorothy June Baker AP 53.37 147855 6/5/2014 Borelli Real Estate Service, Inc. AP 90.00 147856 6/5/2014 Bruce's Tire Inc AP 430.06 147857 6/5/2014 BSK Analytical Laboratories AP 400.00

Check No Check Date Name Module Void Amount 147858 6/5/2014 CDW Government, Inc AP 4,056.21

147859 6/512014 Chevron Usa Inc AP 556.08

147860 6/5/2014 Cook's Communications Corp. AP 10,210.13

147861 6/5/2014 Corneast Cable AP 2,026.71

147862 6/5/2014 Dell Marketing L P AP 2,506.11

147863 6/5/2014 Deptartment of Transportation AP 250.00

147864 6/5/2014 Federal Express AP 6.24

147865 6/5/2014 Rebecca Felix AP 600.00

147866 6/5/2014 Great West Equipment, Inc AP 3,667.21

147867 6/5/2014 AmyL Hennan AP 1,125.00

147868 6/5/2014 JB Anderson Land Use Planning AP 660.12

147869 6/5/2014 Elias Lopez AP 350.00

147870 6/5/2014 Merced Hesston Inc AP 9.02

147871 6/5/2014 Merced Sun Star AP 187.20

147872 6/5/2014 Merced Truck &Trailer Inc AP 34.35

147873 6/5/2014 Meyers, Nave, Riback, Silver & Wils< AP 6,075.00

147874 6/5/2014 Napa Auto Parts AP 264.56

147875 6/5/2014 Pinnacle Medical Group AP 1,219.00

147876 6/5/2014 Portfolio Recovery Associates, Inc. AP 6,680.54

147877 6/5/2014 Pro Clean Supply AP 78.26

147878 6/5/2014 Protech Security & Electronics, Inc. AP 240.00

147879 6/5/2014 Ronny's Landscaping AP 17,944.11



147882 6/5/2014 San Diego Police Equip Co AP 4,934.16

147883 6/5/2014 Save Mart Supennarkets AP 159.20

147884 6/5/2014 Sherwin Williams Co AP 127.43

147885 6/5/2014 Sierra Chemical Co AP 1,943.45

147886 6/5/2014 Sorensens True Value AP 786.58

147887 6/5/2014 Tulare Firestone AP 400.75

147888 6/5/2014 Peggy Rodriguez AP 40.72

147889 6/5/2014 Cristina Vargas AP 53.60

147890 6/5/2014 Home Sweet Home Property Manage AP 36.34

147891 6/5/2014 Erazmo Castano Verdugo AP 43.30

147892 6/5/2014 BelJaMia Real Estate AP 32.98

147893 6/5/2014 Joel & Dorothy Camacho AP 81.96

147894 6/5/2014 Jessica and Thomas Parker AP 43.30

147895 6/5/2014 Errol Smedley AP 72.53 147896 6/5/2014 Blossom Valley Realty, JR Souza AP 39.02

147897 6/5/2014 Isabel and Hector Sandoval AP 41.59

147898 6/5/2014 VFW & American Legion AP 60.00

147899 6/5/2014 Westamerica Bank - Cafeteria Plan AP 220,356.93

147900 6/5/2014 Windecker Inc AP 136.69

147901 6/5/2014 Young's Air Conditioning AP 743.05

147902 6/12/2014 CLEARS AP 40.00

Break in check sequence due to the following: Total Check Count: 139

Check# 147790-147823 (payroll checks) Total Check Amount: $972,949.07

Total Void Check Count: 0

Total Void Check $0.00 Total Valid Check Count: 139

Total Valid Check $972,949.07

LOS Banos Agenda Staff Report

TO: Mayor and City Council Members

FROM: 6k'Gary Brizzee, Chief of Police

DATE: June 18, 2014

SUBJECT: Street Closure Request - 500 Block Sixth Street

TYPE OF REPORT: Consent Agenda

Recommendation: Authorize street closure.

Background: The Los Banos Elks Lodge No. 2510 is requesting permission for a street closure of the 500 block of 6th Street, for a small car show event planned for Saturday, June 28' 2014.

Discussion: A signed petition by all residents affected has been completed and turned in for the 500 Block of Sixth Street, for Saturday, June 28, 2014, between the hours of 9:00 a.m. and 5:00 p.m. A copy of the signed petition and event flyer is attached for your review. This event is community oriented, and our support is recommended.

Fiscal Impact: No fiscal impact.

Reviewed By:

Steve Carrigan, City Manager

Cookie_ -P.O. Box 828 Los Banos.. CA 93635

20!>-704-1330 E-maft;~

LOS BANOS LODGE No. 2510 P. O. Box 807

Los Banos.. CA 9262S()807

May 22, 2014

City of los Banos Police Dept

Attn: Denise

'''''' A Fraternal Organization

DIANNE DE ROSA SeaeIa!y

1613 MaKIencane Way Los BanoS. CA 93635

408-497-2168 ~1beIl<s25_

LODGE ADDRESS 5656"'_

Los Banos.. CA93635 2W826-2282 (Off) /2O!HI27.Q351 (Fax)

E-maft; lbeIks2510Irntt

The Elks lodge are having another car show on Sat June 28th @ 565 E Street., and would like to request a street closure for the

day of 6th and E Stree.

I have received signatures and permission from the neighbor's on this street. gAM to SPM

Thank you

Cookie Rendon

Exhalted Ruler



FROM: t("Gary Brizzee, Chief of Police

DATE: June 18, 2014

SUBJECT: Street Closure Request - Block Party - 200 Block North Santa Clara



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 Program.

Discussion: A signed petition by all residents affected has been completed and turned in for the 200 block of North Santa Clara, between Willmott Road and Santa Maria Road., for Friday July 4, 2014, between the hours of 12:00 p.m. and 11 :00 p.m. This block party is community oriented, and our support is recommended.


~.dbY /'------


Steve Carrigan, City Manager Police Chief Gary Brizzee City of los Banos, Public Works City Staff

May 12, 2014

The residential block of 200 N. Santa Clara from Willmott to Santa Maria would like to request a street closure for a block party on July 4, 2014.

We, the undersigned ask the City close the block between Willmott and Santa Maria from noon to 11 pm for our neighborhood to enjoy Independence Day.

Please contact John Ciuffo at 826-3659 with any questions.

Thank you for your time and consideration,

The residents of the 200 block of N. Santa Clara



FROM: 6pary Brizzee, Chief of Police

DATE: June 18, 2014

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



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 closure of the 500 Block of Sixth Street to the alley way between F Street and E Street, for Friday, July 4, 2014, between the hours of 12:00 p.m. and 10:00 p.m. The block party is community oriented, and our support is recommended,


Reviewed By:

~",ge<

TO WHOivllT MAY CONCERN:

petitio:n the Ci'ij: C0-Ullt~J Ul the City ufL:.~> B-,111U:j fur pe:nni:;siol} t~.) dt~:,e-t;ff tIte- 500 RInck efSixth Street to the anev \\':1\' h(~t\\'een F Street a!;d F Stn::et fer 3 4_ih of.h.d'.: R1 0 ·-.t- P~r'" on '1"\0. ",f't"'"mnnn n')·"~ r"tln·,"~-nn ~)11("""'':>' .'''''0'')"-,,;:, oj' 1"',, .1 th ">014' UT.". -J."'-'.'-' •. \ _u-~)' 'u.'J'-U-'_~"" ~"n aJ\.! JJlHt:'. J~_'''''''''Y'''''' ':::-'.', ..... 1_'...,.- ~",-, _. ~'v

understand \ve are to keep the road\vay dear for enlergency vehicles,. no vehicular traffic during tirnc street 1S to be clused, and that aU parliclpants obey aH eXishng laws and ortiinall\;-c~, Surry \yc -art: late in -~'Ubrnil-iing 'Our n;q-ue~t, -but tnn~ Just $hpp~d by qUlckly,

Thank you fbr your eonsider(ltion

Los Banos, Ca1ifi)rnia 93635

(209) 826-0693


TO: Mayor & City Council Members

FROM: Lucy Mallonee, MMC ~ City Clerk/Human Resources Director

DATE: June 18, 2014

SUBJECT: Amending Divisions 5-G - Overtime Compensation Policy and Division 6 - Fair Labor Standards Act of the City's Policy & Procedures Manual


Recommendation: That the Council adopt a resolution amending Divisions 5-G and 6 of the City's Policy & Procedures Manual.

Discussion: Staff recently became aware that Division 5-G - Overtime Compensation Policy, Section 5013G, of the City's Policy & Procedures Manual was in conflict with current procedures for reimbursement from the Office of Emergency Services (OES). In July of 2011, OES began reimbursing the City at straight-time only; therefore, Section 5013G of Division 5-G needs to be removed from the City's Policy & Procedures Manual as it is no longer applicable.

Staff has updated Division 6 - Fair Labor Standards Act to include language regarding exempt employees and absences during their workday. Exempt employees have been practicing the policy for a while now and it is recommended the language be added to the Policy & Procedures Manual at this time.

Fiscal Impact: None.

Attachment: Resolution

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS APPROVING AN AMENDMENT TO DIVISION 5-G - OVERTIME COMPENSATION POLICY, AND DIVISION 6 - FAIR LABOR STANDARDS ACT OF THE CITY'S POLICY & PROCEDURES MANUAL

WHEREAS, the City Council of the City of Los Banos has received a request that Division 5-G - Overtime Compensation Policy, of the City of Los Banos Policy & Procedures Manual, be amended to reflect changes associated with reimbursement by the Office of Emergency Services (OES); and

WHEREAS, the City Council of the City of Los Banos has received a request that Division 6 - Fair Labor Standards Act, of the City of Los Banos Policy & Procedures Manual, be amended to include language regarding exempt employees and absences during the workday; and

WHEREAS, the City Council has reviewed said request and approves the amendments to Division 5 - Overtime Compensation Policy, of the City of Los Banos Policy & Procedures Manual and shall read as attached on "Exhibit A"; and

WHEREAS, the City Council has reviewed said request and approves the amendments to Division 6 - Fair Labor Standards Act, of the City of Los Banos Policy & Procedures Manual and shall read as attached on "Exhibit B".

NOW, THEREFORE, BE IT RESOLVED THAT the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of June 2014, 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:

Lucille L. Mallonee, City Clerk

EXHIBIT A

Updated: July-;>;-2.Q-t3June 18, 2014

DIVISION 5-G OVERTIME COMPENSATION POLICY

SEC.5001G PURPOSE

The purpose of this Division is to identify City policy with regard to Overtime Compensation for eligible employees.

SEC. 5002G OVERTIME DEFINED

Unless otherwise stated in a Memorandum of Understanding (MOU) or this policy, "overtime" is all hours an overtime-eligible employee actually works over forty (40) hours in his or her work week, or beyond the number of hours in the applicable work period (e.g. 7k work period), Overtime is compensated at 1.5 times the Fair Labor Standards Act (FLSA) rate of pay.

SEC. 5003G REQUIREMENT TO ACCEPT OVERTIME ASSIGNMENTS

When duly notified (the request is communicated to and acknowledged by the employee), employees are required to accept mandatory overtime assignments. When making such assignments, supervisors are expected to give proper consideration to the desires of the employee, but the needs of the City shall be given priority.

SEC. 5004G OVERTIME RIGHTS

All Eligible Employees of the City of Los Banos, shall be entitled to receive Compensation (in accordance with the guidelines set forth in this policy) for all Overtime worked, except; occasional, unscheduled time of less than eight (8) minutes that occurs immediately before or immediately after an employees tour of duty.

SEC. 5005G ELIGIBLE EMPLOYEES DEFINED

All FLSA non-exempt Regular and Part-time City Employees shall be eligible for Overtime Compensation. Further, Provisional Employees, who are not considered exempt from overtime requirements under provisions of the FLSA, shall have the same overtime entitlements as those Regular or Part-time employees who are performing similar jobs.

SEC.5006G ESTABLISHED WORK WEEK FOR ALL CITY EMPLOYEES, EXCEPT; LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS

The established Work Week for all City employees (except Law Enforcement Officers and Fire Fighters) is, 7:00 a.m. Monday to 6:59 a.m. Monday of each consecutive week.

Overtime Compensation Policy 5-G-1

Updated: July 3, 2013June 18, 2014

SEC. 5007G ESTABLISHED WORK PERIOD FOR LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS

As permitted under the FLSA 7K Exemption, the established Work Period for Law Enforcement Officers is a twenty-eight (28) Day Cycle; date established July 1, 1985. The established Work Period for Fire Fighters is a twenty-four (24) Day Cycle; date established March 17,2010.

SEC.5008G ESTABLISHED WORK DAY FOR ALL CITY EMPLOYEES, INCLUDING LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS

The established Work Day for all City employees is, that twenty-four (24) hour period of time, from 7:00 a.m. on one calendar day, to 6:59 a.m. on the following calendar day.

SEC. 5009G OVERTIME GUIDELINES FOR ALL ELIGIBLE EMPLOYEES, EXCEPT LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS

As required by Federal Labor Law, the City shall provide Overtime Compensation for all time worked in excess of forty (40) hours during the established Work Week or in accordance with overtime provisions of the applicable MOU.

SEC.5010G OVERTIME GUIDELINES FOR ELIGIBLE LAW ENFORCEMENT OFFICERS

The City will provide Overtime Compensation for all time worked in excess of the employee's regularly assigned work shift, for any time worked in excess of forty (40) hours in a week, and for time worked in excess of one hundred seventy one (171) hours, during the established twenty-eight (28) day work period.

SEC. 5011G OVERTIME GUIDELINES FOR ELIGIBLE FIRE FIGHTERS

Federal Labor Law requires payment of Overtime Compensation for all time worked in excess of one hundred eighty-two (182) hours during an established twenty-four (24) Day Work Period. In keeping with Federal Labor Law requirements, the City shall provide Overtime Compensation for all time worked in excess of One hundred eighty two (182) hours during an established twenty-four (24) Day Work Period to those Fire Fighters who are assigned to shifts (work periods) longer than eight (8) consecutive hours. Such employees are normally assigned to forty-eight (48) hour shifts.

SEC. 5012G CALL BACK TIME: NON-EXEMPT EMPLOYEES

Employees who are required to report to work during their assigned off duty hours shall be entitled to receive a minimum of three (3) hours Call Out even though the actual time worked was less than three (3) hours; except in the following instances:


Updated: .4J1y-J,20~-JJune 18, 2014

A. In the event the off duty time being worked extends into or begins immediately following the employees assigned shift, he/she shall be entitled to compensation for only the actual off duty hours worked,

B, In the event the off duty time being worked is in response to a special assignment mutually agreed upon between the employee and the City, the employee shall be entitled to compensation for only the actual hours worked.

C. Employees shall be entitled to receive the three (3) hour Call Back Pay only One (1) time during any twenty-four (24) hour period. A twenty-four (24) hour period, for the purpose of this benefit, shall be considered as 0001 hours 2400 hours. Essentially, an employee could be called out several times during a given twenty-four (24) hour period and would receive three (3) hours compensation if the total hours worked were three (3) or less, Conversely, if the total hours worked exceeds three (3), the employee would be compensated for the actual hours worked.

Special Note: The expressed purpose of Call Back Pay is to compensate employees who have their normal off duty hours disrupted due to unscheduled call backs, court appearances, and other such job demands. In the event of a disagreement over entitlement to three (3) hour Call Back Pay, the stated intent of this benefit will be the guiding factor in resolving disputes.

SEC.5013G OVERTIME FOR EXEMPT EMPLOYEES IN THE POLICE 8: FIRE DEPARTMENTS U~JDER SPECI/\L CIRCU~-ANGE-S

It shall be the intent of this section to allow for the Assistant Fire Chief and Polic-o Commander to be compensated at time and one half-+l--l4t for hours worked over their ABffllal work hours while on an Office of--Emergency SeFVices--(GE~ Assignment that is reimOOf-sable by OES and/or the Federal Goverfm1€f1~ compensatiBA-will be paid for non reimbursable assignments. Only hours worked over the AOfmal-forty (40) hour work week 'Nill b~ reimbtlrsable.

SEC, 501~4G OVERTIME APPROVAL REQUIRED

Employees are required to obtain the prior approval of their supervisor before working Overtime, except; when the Overtime is being worked in response to an emergency or in accordance with an established operating practice of the City or a Division or Department of the City, approval may be forthcoming after the fact. Working Overtime without advance approval may be grounds for discipline.

SEC.501:15G SUBMITTAL OF REQUEST FOR PAYMENT OF OVERTIME

All requests for payment of Overtime shall be submitted in writing, at the time and on the form, prescribed by the City or the employee's Division or Department Head. Failure to submit a properly completed request by the time and date specified as the due date may result in delay in payment and disciplinary action.


Updated: July 3, 2013June 18, 2014

SEC.5019,@G REVIEW AND APPROVAL OF OVERTIME PAY REQUESTS

Prior to actual payment, all Overtime requests shall be reviewed and approved by the employee's supervisor and Division or Department Head. Whenever such review establishes that the Overtime worked by an employee was inappropriate or improper, the Supervisor and/or Division or Department Head shall take necessary corrective action.

Special Note: Any Overtime, which was worked in violation of a direct order or an established policy or practice of the City or the employee's Division or Department, may be denied and the employee may be subject to disciplinary action. Such action may only be taken with approval of the employee's Division Head, Department Head, or City Manager.

SEC.501§.+G COMPENSATORY TIME OFF (CTO) IN LIEU OF OVERTIME PERMITTED

As provided under the guidelines set forth in the City of Los Banos Compensatory Time Off Policy; Division 5-F, eligible employees may elect to receive CTO in lieu of salary.

SEC.501ZgG VOLUNTEER TIME NOT COMPENSATED AS OVERTIME

In accordance with the guidelines set forth in Division 6 - Fair Labor Standards Act, Section 6010, employees may under certain circumstances voluntarily donate their time. Such bona fide volunteer time is not considered and will not be compensated as Overtime. Employees are prohibited from volunteering, for the City, to perform the same or similar services which they perform as an employee of the City.

SEC. 501,(19G ASSIGNMENT OF DUTY HOURS

An employee's actual duty hours (daily work times) are assigned and may be adjusted whenever deemed necessary by the City Manager, or the employee's Division Head or Department Head.


EXHIBIT B

Updated Mar4~~June 18, 2014

DIVISION 6 FAIR LABOR STANDARDS ACT

SEC. 6001 INTRODUCTION

The purpose of this Division is to identify City policy with regard to establishment of specific employment categories and implementation of various work rules, which are governed totally or in part by provisions of the Fair Labor Standards Act (FLSA).

SEC. 6002 FAIR LABOR STANDARDS ACT DEFINED

The FLSA sets minimum pay, overtime pay, equal pay, record keeping, and child labor standards for those employees covered by the Act. Adopted by the U,S. Congress in 1938, the FLSA initially applied only to private sector employees. On February 19, 1985, the U.S. Supreme Court ruled, in Garcia vs. San Antonio Transit Authority, that the FLSA also covered Public Employees.

SEC. 6003 POSITION STATEMENT

It is the expressed intent of the City of Los Banos to comply with the legal requirements imposed by the FLSA. In keeping with this goal, the City declares that; a) If any part of this or other Divisions of the City of Los Banos Policy & Procedures Manual are in conflict with requirements of the FLSA, the FLSA shall be the dominate authority, and b) Any requirements not specifically covered in this or other Divisions of the City of Los Banos Policy & Procedures Manual shall be handled in accordance with the applicable provisions of the FLSA.

SEC. 6004 NON-COVERED EMPLOYEES (No Overtime Entitlement)

The following City employees are not covered by any part of the FLSA: a) elected officials; b) bonafide volunteers; c) City Boards and Commissions; d) Independent contractors; e) Legal advisors; f) Prisoners; g) Certain trainees.

SEC. 6005 EXEMPT EMPLOYEES (No Overtime Entitlement)

City employees, as defined in Division 1, Section 1009 are considered exempt from the minimum wage and overtime requirements of the FLSA.

A. Absences During the Workday All City employees, including FLSA-exempt employees, are required to be at work during their specified work hours. Exempt employees are not entitled to time off based on hours worked in excess of their scheduled work hours during a previous day.

Exempt employees shall be required to use accrued leave to cover an absence from work, where the absences is greater than two (2) hours or greater than a full workday.

Fair Labor Standards Act 6-1

Updated: March 7, 2012June 18, 2014

The use by an employee of sick or vacation leave to cover an absence of less than a full workday is not considered to be a deduction of pay for FLSA purposes.

The City may also reduce an exempt employee's pay for absences for personal reasons or because of illness or injury of less than one (1) work day when the employee does not use accrued leave because:

1, The employees sought permission, which was denied, or did not seek permission; 2, The employee has exhausted all accrued leave; or 3, The employee chooses to use leave without pay,

SEC,6006 NON-EXEMPT EMPLOYEES (Overtime Entitlement)

All City employees as defined in Division 1, Section 1009 are considered to be covered by all applicable provisions of the FLSA, including minimum wage and overtime requirements,

SEC, 6007 ESTABLISHED WORK PERIOD FOR LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS

As permitted under the FLSA 7K Exemption, the established Work Period for Law Enforcement Officers is a twenty-eight (28) Day Cycle; date established July 1, 1985. The established Work Period for Fire Fighters is a twenty-four (24) Day Cycle; date established March 17, 2010.

SEC.6008 ESTABLISHED WORK WEEK FOR ALL CITY EMPLOYEES (Except Police Officers and Fire Fighters)

The established workweek for all City employees, except Police Officers and Fire Fighters, is 7:00 a.m. Monday, to 6:59 a.m. Monday, of each consecutive week.

SEC.6009 COMPENSATORY TIME OFF IN LIEU OF OVERTIME PERMITTED

In accordance with FLSA guidelines, Non-exempt employees may, at their discretion, be compensated for overtime through accumulation of Compensatory Time (at the rate of one and one half-hours for each hour worked) in lieu of receiving pay. Refer to the City of Los Banos Compensatory Time Off Policy for specific guidelines.

SEC. 6010 MUTUALLY AGREED UPON TIME TRADES

As permitted by FLSA guidelines, employees may, in accordance with the guidelines established by their Department or Division Head, engage in mutually agreed upon work time trades. The City will not maintain any records on such trades nor will it bear any


Updated: March 7, 2012June 18, 2014

responsibilities for payment of time worked if agreements reached between employees are not honored.

SEC. 6011 NON-COMPENSATED WORK TIME PROHIBITED

Non-exempt employees are strictly prohibited from volunteering or donating their time to the City by performing any work or function that is the same or similar to their regularly assigned duties.

Special Note: Any questions regarding this area should be directed to the Administrative Services Director. Employees found in violation of this section shall be subject to disciplinary action.

SEC.6012 VOLUNTEER TIME PERMITTED

Non-exempt employees are permitted to volunteer their time to the City provided the task or job they are performing is substantially different than their normal assigned duties, and they are volunteering outside of their normal working hours.

Special Notes: a) In order to be permitted under FLSA guidelines any donated time (under this section) must be done totally at the choice of the employee, and b) In order to insure that donated or volunteer time would qualify under this section, employees must obtain approval for such activities from Department or Division Heads.

SEC. 6013 ON CALL TIME

The term "On Call Time" refers to that period of time when an employee who is actually off duty is required to; a) be immediately available for contact by telephone, pager, or radio, and b) be able to report to his/her assigned duty station no later than thirty (30) minutes after being notified to do so. Employees who are On Call may engage in any type of personal activity they choose, except use of alcohol or drugs.

Special Note: As permitted under provisions of the Fair Labor Standards Act, no Overtime Compensation is provided for On Call Time.

SEC.6014 TIME SHEETS REQUIRED

Employees are responsible for legible, accurate, and timely completion of their Time Sheets, regular and overtime. Failure to properly complete these required documents within the time frame specified by the City or Department of the City may subject the employee to disciplinary action.

SEC. 6015 PROHIBITED SALARY DEDUCTIONS

A. Prohibited Deductions


Updated: MflfGh 7, 2012June 18. 2014

Notwithstanding any other provision in these Policies, the City will not impose a disciplinary suspension (one day or more) on any FLSA-exempt employee unless:

1. The discipline is for a violation of a workplace conduct rule; and

2. The discipline is imposed in good faith.

FLSA-exempt employees will not be reduced in payor demoted on a temporary basis except for the violation of a safety rule of major significance.

8. Complaint Procedure

An FLSA-exempt employee who believes his or her salary has been subject to a prohibited deduction should notify the Administrative Services Director who will investigate the matter as necessary.

SEC.6016 OUT-OF-CLASS PAY

An employee who is temporarily directed by his or her supervisor in writing to serve in a regular higher position will be compensated at a higher rate of pay in accordance with the following:

A. To be eligible for the additional compensation, the employee must first accumulate thirty (30) regular working shifts of assignment in the higher class within any twelve (12) month period. The days of out-of-class assignment need not be consecutive. Once this qualification is satisfied, no additional re-qualification will be required.

If the City is aware at the beginning of the out-of-class assignment that the assignment will exceed thirty (30) regular working shifts then the pay will begin on the first shift of the assignment.

8. Temporary assignments out-of-class shall be recorded only in full-shift units. An employee working out-of-class for less than one full shift will not be credited with working out-of-class service time.

C. To qualify for out-of-class pay, an employee must be assuming substantially the full range of duties and responsibilities of the higher-level position. Out-of-class pay is not authorized, for example, if the organization of a work unit is such that each unit employee carries on his normal duties during the temporary absence of a supervisor, without a need for the direction which the supervisor would provide on a longer-term basis.

D. Time worked in a higher class shall not earn credits toward the completion of probationary requirements in the higher class.


Updated: Mal41-:;Z,~-1June 18. 2014

An employee who has qualified under these provisions shall be compensated at the minimum rate established for the higher class for each completed work shift served in the higher class. In the event of overlapping salary ranges, a one-step differential shall be paid for out-of-class assignments. The higher rate of pay shall be used in computing overtime when authorized overtime is served in a non-exempt, out-of-class work assignment. The overtime rate shall be the rate established by the overtime regulations that apply to the higher class.



TO: Mayor & City Council Members

FROM:

DATE:

Mark Fachin, P.E., Public Works Director/City Engineer 1~'Vh.. ~<:lu.~ June 18, 2014

SUBJECT: Sewer System Management Plan Recertification and Adoption


Recommendation: That the City Council adopt the Resolution to recertify the adoption of the City of Los Banos Public Works Department Sewer System Management Plan to meet the requirements of the State Water Quality Control Board.

Background: The State Water Resources Control Board (SWRCB) adopted the Statewide General Waste Discharge Requirement (GWDR) on May 2, 2006. The GWDR regulates many components of waste dischargers, including wastewater treatment plants, pretreatment programs, and collection systems. The GWDR applies to all public collection system agencies in California that own or operate collection systems comprised of more than one mile of pipe or sewer lines, which convey untreated wastewater to a publicly owned treatment facility, and requires each agency to prepare a Sewer System Management Plan (SSMP). The SSMP is a document that describes the activities your agency uses to manage your wastewater collection system. One of the many requirements of the SSMP is the approval by the enrollee's governing board at a public meeting. (GWDR, Page 9, Paragraph 11). The GWDR further requires that the SSMP be updated and recertified every five years. The Public Works Department audits and updates the SSMP annually to maintain its relevance, and to ensure that new requirements are being met. The City Council adopted the SSMP at their July 1, 2009 meeting. The recertification of the adoption is required before July 1,2014.

Discussion: The Public Works Department currently has many policies, practices, and ordinances related to the operation and maintenance of our collection system, which meet the requirements of the SSMP. The SSMP documents effective management of the wastewater collection system. This is a living document that changes with personnel, equipment, new technologies, improved operations, and additional GWDR requirements. The most recent GWDR amendment, on July 30, 2014, was to change the Sewer System Overflow (SSO) reporting requirements based on four defined categories of the SSO. The Sewer System Management Plan, with appendixes, is located on the City's website for review, in the Public Works document section.

Impact to the Community: The City of Los Banos Public Works Department is committed to preserving and securing the health and safety of residents by providing quality wastewater services. A well managed, operated, and maintained wastewater collection system is imperative in meeting this goal.

Fiscal Impact: Funding for the SSMP will be minimal. The SSMP is written, implemented, and maintained by the Public Works Department. Our current operation and Master Plan meet the requirements of the SSMP. Equipment, personnel, and review of the system fall under the normal responsibility of the department. One element of the SSMP is reporting to the State any sewer system overflows that occur, and could potentially enter the storm system and reach receiving waters. This reporting has the potential of generating fines related to the spill. The fine process is undefined and at the discretion of the SWRCB. Every effort is made to avoid overflows. Therefore, we do not perceive a large financial impact beyond the normal operating budget projections.


Attachments: Resolution City of Los Banos Sewer System Management Plan

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS APPROVING THE RECERTIFICATION AND ADOPTION OF THE CITY OF LOS BANOS SEWER SYSTEM MANAGEMENT PLAN

WHEREAS, the State Water Resources Control Board (SWRCB) adopted the Statewide General Waste Discharge Requirement (GWDR) on May 2, 2006; and

WHEREAS, the GWDR applies to all public collection system agencies in California that own or operate collection systems comprised of more than one mile of pipe of sewer lines; and

WHEREAS, the GWDR requires public collection system agencies to prepare a Sewer System Management Plan (SSMP); and

WHEREAS, the City Council of the City of Los Banos is committed to providing quality wastewater services with a well managed, operated, and maintained wastewater collection system; and

WHEREAS, the SSMP documents the effective management of the wastewater collection system; and

WHEREAS, the City Council of the City of Los Banos, at their meeting on July 1, 2009, adopted the City of Los Banos Sewer System Management Plan; and

WHEREAS, the SWRCB requires that the City Council of the City of Los Banos recertify the SSMP every five years; and

WHEREAS, the City Council of the City of Los Banos has reviewed the City of Los Banos Sewer System Management Plan.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve and recertify the adoption of the City of Los Banos Sewer System Management Plan to meet the requirement of the State Water Quality Control Board.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of June 2014, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:

1

AYES: NOES: ABSENT:

APPROVED:

Michael Villalta, Mayor

ATTEST:


2

LOS Banos

Public Works Department

Introduction

This introductory section provides background infonnation on the purpose and organization of this Sewer System Management Plan (SSMP) and provides a brief overview of the City's service area and sewer system.

SSMP Requirement Background

This SSMP has been prepared in compliance with requirements of the Regional Water Quality Control Board (RWQCB) pursuant to section 13267 of the California Water Code. The RWQCB mandates that the City prepare a SSMP following the guidelines in the SSMP Development guide prepared by the RWQCB in cooperation with the Bay Area Clean Water Agencies (BACWA). The City must also comply with RWQCB sanitary sewer overflow (SSO) electronic reporting requirements.

The State Water Resources Control Board (SWRCB) enacted on May 2,2006 to require all public wastewater collection system agencies in California with greater than one mile of sewers to be regulated under General Waste Discharge Requirements (GWDR). The SWRCB action also mandates the development of a SSMP and the reporting of SSO's using an electronic reporting system. The SWRCB SSMP requirements are similar to the RWQCB requirements, but differ in organization and some details.

Document Organization

This SSMP is intended to meet the requirements of both the RWQCB and the GWDR. The Organization of this document is consistent with the RWQCB guidelines, but the contents address both the RWQCB and SWRCB requirements. The SSMP includes eleven elements, listed below. Each of these elements fonns a section of this document. (As of November 2007 the Goals and the Organization are the only two elements of the eleven that are prepared for this SSMP.) Parenthesis indicate the title of the comparable SWRCB element.

I. Goals 2. Organization 3. Overflow Emergency Response Plan 4. Fats, Oils and Grease (FOG) Control Program 5. Legal Authority 6. Measures and Activities (Operations and Maintenance Program) 7. Design and Construction Standards (Design and Perfonnance Provisions) 8. Capacity Management (System Evaluation and Capacity Assurance Plan) 9. Monitoring, Measurement, and Program Modifications 10. SSMP Audits II. Communication

Supporting infonnation for each element is included in the appendix associated with that section, as applicable. (The appendix would include infonnation expected to require updates, such as names and phone numbers of staff, as well as supporting infonnation, such as maps, fonns or schedules.)

'I

Introduction

SSMP Preparations Deadlines

Deadlines for completion of the required elements have been assigned based on the population served by the public wastewater collection system agency. The City of Los Banos is included in the schedule for population served between 10,000 and 100,000. The deadlines for preparation and implementation of the SSMP required actions and elements for this population group are as follows:

ACTIONS Completion Dates

SSMP Development Plan and Schedule

Approval of SSMP, by agency's governing board (City Council)

Final SSMP Approval, by agency's governing board (City Council)

ELEMENTS

Goals

Organization

Overflow Emergency Response Plan (Develop a formal SSO emergency response plan)

Fats, Oils and Grease Control Program (Establish a FOG program through regulation and education)

Legal Authority (Review and establish enforcement provisions for violations)

Measures and Activities (Assess and optimize maintenance activities)

Design and Construction Standards (Review and update design and construction standards)

] 111/07

] 11]/07

7/1/09

1111107

] 111/07

5/1/09

5/1/09

511/09

5/1/09

7/1/09

Capacity Management 7/]/09 (Hydraulic modeling will be included as part of the new Master Plan)

Monitoring, Measurement, and Program Modifications (Evaluation and updating of training, procedures and data)

SSMP Audits (Annual update and review of SSMP progress)

Communication (Continually educate all stakeholders)

7/1/09

7/1/09

711/09

2

Introduction

City Service Area and Sewer System

The City of Los Banos is located in the Central San Joaquin Valley at the cross roads of Highways 152, 165 and 33. Interstate 5 is six miles to the west and Highway 99 is 30 minutes to the east. Los Banos is famous for its agricultural products, including melons, almonds, walnuts, apricots, cotton, tomatoes and dairy products. As of May 2013 the City had a population of approximately 37,017.

The City's sewer system consists of approximately 130 miles of sewer mains, 13 lift stations, 1260 sewer manholes, and 245 sewer cleanouts, as of July 2013. Little or no change has occurred to date. The City provides sewer service to most businesses and residences within the City, as well as industries which discharge into the collection system.

Element 1: Goals

This SSMP element identifies goals the City has set for the management, operation and maintenance of the sewer system and discusses the role of the SSMP in supporting these goals. These goals provide focus for City staff to continue high-quality work and to implement improvements in the management of the City's wastewater collection system. This section fulfills the Goals requirements of both the RWQCB (Element 1) and the SWRCB (Element 1) SSMP requirements.

1.1 Regulatory Requirements for Goals Element

The summarized requirements for the Goals element of the SSMP are as follows:

RWQCB Requirement: The City of Los Banos must develop goals to manage, operate, and maintain all parts of its collection system. The goals should address the provision of adequate capacity to convey peak wastewater flows, as well as a reduction in the frequency of sanitary sewer overflows (SSO's) and the mitigation of their impacts.

SWRCB Requirement: The City of Los Banos must develop goals to properly manage, operate, and maintain aIJ parts of its wastewater collection system in order to reduce SSO's, as well as to mitigate any SSO's that occur.

1.2 Appendix There is no appendix associated with Element I.

1.3 Goals Discussion Providing safe, responsive, and reliable sewer service is a key component to fulfilJing the City's Public Works Department mission statement: "The City of Los Banos Public Works Department is committed to preserving and securing the health and safety of residents by providing quality wastewater services"

In support of this mission, the City has developed the following goals for the operation and maintenance of its sewer system. These goals are also adopted by the City's staff and provide procedures and guidelines for maintenance and cleaning activities.

1. Minimize sanitary sewer overflows. 2. Prevent public health hazards. 3. Minimize inconveniences by responsibly handling interruptions in services. 4. Protect the large investment in collection systems by maintaining adequate

capacities and extending useful life. 5. Prevent unnecessary damage to public and private property.

Element I: Goals

6. Use funds available for sewer operations in the most efficient manner. 7. Convey wastewater to treatment facilities with a minimum of infiltration, inflow

and ex filtration. 8. Provide adequate capacity to convey peak flows. 9. Perfonn all operations in a safe manner to avoid personal injury and property

damage.

This SSMP supplements and supports the City'S existing Operations & Maintenance program and goals by providing high-level, consolidated guidelines and procedures for all aspects of the City sewer system management. The SSMP will contribute to the proper management of the collection system and assist the City in minimizing the frequency and impacts of SSOs by providing guidance for appropriate maintenance, capacity management, and emergency response.

II

,,~!l~ Element 2: I,~, .')'!

~6?' Olxanization

2.1 SSMP Staff Organization

The organization chart for the management, operations, and maintenance of the City's wastewater collection system is shown in Figure 2-1. The names and phone numbers of staff filling these positions are included in Appendix A, Table I.

II City Council II i

II II City Manager

~ jl Public Works Director/City Engineer II

Assistant Public Works Director

Public Works Operations Manager

Utilities Foreman Inspector I

Utilities Crew I ECSCrew

Figure 2-1. Organization Chart of Sewer Staff

2.2 Element 2 Appendix

Supporting information for Element 2 is included in Appendix A. This appendix includes the following documents:

I. Public Works Contact List

2.3 Description of General Responsibilities

City Council. Responsible for the approval, adoption and resolution of the SSMP, Master Plan for Wastewater Collections, Improvement Standards & Specifications, Municipal Code, budgets and other documents directing and pertaining to the sewer system management.

City Manager. Oversees the Public Words Department through the Public Works Director/Engineer

Element 2: Organization

Public Works Director/City Engineer. Plans, organizes, directs, and supervises the Public Works activities of the City. Advises the City Council and Planning Commission on engineering and Public Works matters, including those related to the collection system. Oversees and controls department budget. Reviews project plans and specifications for public works projects and performs technical engineering planning studies. Confers with engineering consultants and officials of other public works departments.

Assistant Public Works Director. Works under the broad policy guidance and direction of the Public Works Director/City Engineer. Works to improve efficiency and effectiveness of operations. Assists the Public Works Director/City Engineer in development of department plans, including sewer operations and the Capital Improvement Program. Supervises the review of private development plans for compliance of codes, regulations, and standards, adequacy of applications for permits and compliance with approved plans. Oversees and coordinates sewer maintenance operations. Acts as project manager on public works projects, including sewer projects. Confers with contractors, consultants, and the public on engineering and construction matters. Prepares reports on sewer and other public works projects.

Public Works Operations Manager. Plans, organizes, and supervises the maintenance and repair of City public works infrastructure, including sewers. Manages the various public works Services. Reviews plans and specifications for sewer and other projects, and makes recommendations regarding maintenance, construction, and operations aspects. Controls budget expenditures within the Utilities Services. Confers with contractors, engineers, and members of the general public on construction and maintenance problems and procedures.

Wastewater Treatment Plant Supervisor. Supervises Sewer lift station maintenance workers. Schedules work assignments. Maintains records of projects assigned and completed, supplies and equipment used, and cost incurred. Estimates needed equipment and equipment maintenance.

Utilities Foreman. Investigates sewer related complaints from the general public. Supervises and personally assists in the cleaning and repair of sewer mains and lines. Oversees the locating and raising of manholes. Lays out and schedules work for the crew. Trains crew members in specific tasks, as needed, including collection system preventive maintenance and SSO response. Checks work of assigned crew.

Utilities Crew / Environmental Control Specialist (WWTP) Crew. Works alone or as part of a crew. Repairs, unplugs, cleans, and performs preventative maintenance on sewer lines. Repairs and maintains the many sewer lift stations throughout the system. Operates power equipment including hydraulic / vacuum cleaning truck. Conforms to all confined space regulations, USA and other safety rules.

Inspector I. Works to insure that public works projects meet the current code requirements. Inspection of development and infrastructure projects to insure that plans, materials and scope of work meet the City' s standards. Observe all projects for compliance with Best Management Practices Policies.

7

Element 2: Org(.!uization

2.4 Authorized Representative

The City's authorized representative in all wastewater collection system matters is the Public Works Director/City Engineer. The Public Works Director/City Engineer is authorized to certify electronic spill reports submitted to the SWRCB

The assistant Public Works Director is authorized to act in the Director's absence,

The Wastewater Treatment Plant Supervisor (or other designee) is authorized to complete electronic SSO reports for further certification by the Director.

2.5 Responsibility for SSMP Implementation

The Public Works Director/City Engineer is responsible for implementation and maintaining all elements of this SSMP.

2.6 SSO Reporting Chain of Communication

Figure 2-2 contains a flowchart depicting the chain of communication for responding to and reporting SSO's, from observation of a SSO to reporting the SSO to the appropriate regulatory agencies. Table 2-1 lists contact phone numbers for the parties included in the chain of communication. The SSO reporting process is described in more detail III

Element 3: Overflow Emergency Response Plan. (Element 3 pending.)

Table 2-1. Contact Numbers for SSO Chain of Communication

I Contact Telephone Number I

City Hall (209) 827-7000 Public Works Office (209) 827-7056 Police / Fire Department Dispatch Center (209) 827-7070 Public Works Director/City Engineer (209) 827-7056 Public Works Operations Manager's Office (209) 827-7044 Wastewater Treatment Plant Supervisor (209) 827-7052 Public Works Utilities Foreman (209) 827-7056 Sewer On-Call Personnel (209) 587-1013

Element 2: Organizatiol1

Figure 2-2. SSO Response Chain of Communication

Observer Pump Station Alarm

City Hall After -hours Police Department Ifhazardous substance message azrec~s caller Dispatch Center are znvolvea

+ + Public Works Sewer On-Call

Office Personnel

If reJair assistance needed

'1 Utilities Foreman WWTP

or Crew Fire Department WWTP Supervisor

If hazardous substance are znvolvea

Utilities Crew

Public Works Pub Ii c Works Director Operations Manager City Engineer

i SSO Notification and Reporting

to Appropriate Agencies

9

Element 3: ____ .. ___ ---"O"--v'-'e""r=flow Emergency Response Plan

This section of the SSMP provides an overview and summary of the City's emergency response documents and procedures for sewer overflows. Complete documentation for overflow response procedures are attached in Appendix B. This section fulfills the Overflow Emergency Response Plan requirement of both the RWQCB (Element 3) and the SWRCB (Element 6) SSMP requirements.

3.1 Regulatory Requirements for Overflow Emergency Response Plan Element

The summarized requirements for the Overflow Emergency Response Plan element of the SSMP are as follows:

RWQCB Requirement: The collection system agency must develop an Overflow Emergency Response Plan (OERP) that provides procedures for SSO notification, reporting, and impact mitigation. The response plan should be developed as a stand-alone document and summarized in the SSMP.

SWRCB Requirement: The collection system agency shall develop and implement an Overflow Emergency Response Plan that identifies measures to protect public health and the enviromnent. At a minimum, this plan must include the following:

(a) Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely marmer.

(b) A program to insure appropriate response to all overflows. (c) Procedures to insure prompt notification to appropriate regulatory agencies

and other potentially effected entities (e.g. health agencies, regional water boards, water suppliers, etc ... ) of all SSOs that potentially affect public health or reach the waters of the state in accordance with the MRP. All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board WDR or NPDES permit requirements. The SSMP should identify the officials who will receive immediate notification;

(d) Procedures to insure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained;

(e) Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and

(t) A program to insure that all reasonable steps are taken to contain untreated wastewater and prevent discharge of untreated wastewater to waters of the United States and minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge.

10

________ ~E""1'"el"'ne""n"t2_3oc: O~v"'e""rfl'1!("")w Emergency Response Plan


Supporting infonuation for Element 3 is included in Appendix B. This appendix includes the following documents:

I. Public Works Department - Sanitary Sewer Overflow Response Plan 2. Public Works Department - Standard Operating Procedure for Sewer Pump

Station Failure

3.3 Overview of Sewer Overflow Response Documents

The City has two separate documents that define procedures or guidelines for responding to sewer overflows or other sewer-related emergencies (e.g., stoppages or pump station failures).

The Sanitary Sewer Overflow Response Plan and Operational Guidelines provides overflow emergency response procedures from the receipt of a sewer system overflow complaint, through response and cleanup, to reporting of the overflow to the appropriate govermnent agencies. The document is relevant to anyone involved in the overflow response process, including the person initially receiving infonuation about the SSO, the first responder and field crew responsible for identifYing the source of the problem, correcting the cause of the overflow, and cleaning the surrounding area as well as other agency responders that could potentially be involved in the process (police and fire departments). The guidelines also include fonus that a responder needs to fill out and guides the person responsible for submitting the overflow reports.

The Standard Operating Procedures for Sewer Pump Station Failure provides brief instructions on whom to contact and how to respond in case of a failure of any of the City's many (currently thirteen) sewer lift pump stations. This document is most relevant to maintenance staff responsible for responding to overflows.

The Sanitary Sewer Overflow Response Plan and Operational Guidelines are summarized in the following subsections and included in Appendix B. This document should provide the procedures and guidelines necessary for fulfilling both the RWQCB and SWRCB emergency response plan requirements.

3.4 Summary of Sanitary Sewer Overflow Response Plan and Operational Guidelines

The City's overflow response plan is divided into seven sections, as follows:

l. Authority II. General (objectives and organization) III. Overflow Response Procedure IV. Public Advisory Procedure V, Regulatory Agency Notification Procedure VI. Media Notification Procedure VII. Distribution and Maintenance of Sanitary Sewer Overflow

Response Plan and Operational Guidelines

11

_________________ Element 3: Overflow Emergency Response Plan

Objectives of the City's Sanitary Sewer Overflow Response Plan and Operational Guidelines are to protect public health and the environment, satisfy regulatory agency requirements, and minimize risk of enforcement actions against the City. Additional objectives include providing appropriate customer service and protecting City personnel, the collection system and facilities, and private and public property.

Initial Notification and Response Section III of the plan details response procedures from initial notification through field response and internal reporting. Subsections include the following:

A. Receipt of Information Regarding an SSO: This subsection provides the contact information and chain of communication for receiving overflow reports, including pump station failures. This subsection also details the information that should be obtained regarding the overflow. Refer to Element 2 (organization) of this SSMP for a flow chart depicting the chain of communication.

B. Dispatch of Appropriate Crews to Site of Sanitary Sewer Overflow: This subsection details protocols for dispatching appropriate crews and equipment, and discusses the additional communication between the response crew and supervisors. Guidelines for completing and documenting a preliminary damage assessment are provided, and coordination with any hazardous material response is explained.

C. Overflow Correction, Containment, and Cleanup: This subsection describes the responsibilities of the response crew while on site. Upon arrival, the crew is responsible for determining the cause of the overflow, assessing the need for additional equipment or assistance, notifying the dispatcher to notify the Merced County Health Department if private property is effected, and taking immediate steps to stop the overflow. This subsection also discusses measures that should be taken for containment, sampling, and site cleanup. Section IV of the plan is referenced for determining whether public advisory notices are to be posted.

D. Overflow Report: The Supervisor is responsible for submitting an overflow report to the Operations Manager. This subsection details the information to be included in the report, including indication whether the overflow reached receiving waters, start and stop time of the overflow, overflow volume, and damage assessment.

Officials receiving immediate notification of the SSO vary depending on the size of the spill and whether or not the spill contains hazardous materials, effects surface waters, or has the potential to impact human health. Appendix B, document I lists these officials, and the circumstances under which they are notified.

_______ .. Element 3: Overflo\v Emergencv Respon~e Plan

Public Notification Sections IV (Public Advisory Procedures) and VI (Media Notification) of the plan discuss circumstances under which the public should be notified of an SSO and establishes responsibilities for posting notices or contacting the media. Potential public notification measures include temporary signage to indicate any polluted surface waters or ground water due to an SSO and notification through media outlets. The Operations Manager is responsible for determining if temporary signage and further notification is necessary. The Operations Manager will serve as the contact person for all media notification communication.

Agency RepOlting Section V of the response plan details reporting requirements to the RWQCB and the State Office of Emergency Services (OES). Criteria for immediate reporting versus ten day reporting are specified per RWQCB requirements, and the section includes a decision-making flowchart. This section also provides contact information for other agencies that may need to be contacted.

Distribution, Updates, and Training In addition to maintenance staff, Section VII of the response plan specifies additional departments that should receive the plan, including the Police Department and Fire Department. This section also provides for annual review and update of the plan, as well as annual training sessions for personnel.

Sewer Backup Into Home or Business This section includes flowcharts to determine the source of the backup, instructions on filling out the appropriate forms, and tips for communicating effectively with homeowners. Forms to be filled out include a first responder, field report form, which describes the location of the backup and provides an initial damage assessment.

13

Element 4: Fats, Oils, and Greasejf:OG) Control Program

This section of the SSMP discusses the City's FOG control measures, including identification of problem areas, focused cleaning, and source control. This section fulfills the FOG control requirement for both the RWQCB (Element 4) and the SWRCB (Element 7) SSMP requirement.

4.1 Regulatory Requirements for FOG Control Element

The requirements for the FOG Control element of the SSMP are summarized below:

RWQCB Requirement: The City must evaluate its service area to determine whether a FOG control program is needed. Ifso, a FOG control program shall be developed as part of the SSMP. If the City determines that a FOG program is not necessary, proper justification must be provided.

SWRCB Requirement: The City shall evaluate its service area to determine whether a FOG control program is needed. If the City determines that a FOG program is not needed, the City must provide justification for why it is not needed. If FOG is found to be a problem, the City must prepare and implement a FOG source control program to reduce the amount of these substances discharged to the sanitary sewer system. The FOG source control program shall include the following as appropriate.

(a) An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG;

(b) A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of FOG generated within a sanitary sewer system service area;

(c) The legal authority to prohibit dischargers to the system and identify measures to prevent SSOs and blockages caused by FOG;

(d) Requirements to install grease removal devices (such as traps or interceptors) design standards for the grease removal devices, maintenance requirements, record keeping and report requirements;

(e) Authority to inspect grease producing facilities, enforcement authorities, and whether the City has sufficient staff to inspect and enforce the FOG ordinance.

(f) An identification of sewer system sections subject to FOG blockages and establish a cleaning maintenance schedule for each section; and

(g) Development and implementation of source control measures for all sources of FOG discharged to the sewer system, for each sewer system section identified in (f) above

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Element 4: Fats, Oils, and Qrease (rOG) Control Program

4.2 Element 4 Appendix Supporting infonnation for Element 4 is included in Appendix C. This appendix includes the following documents:

1. List offood facilities in Los Banos (potential grease dischargers). 2. Merced County Environmental Health Department contact infonnation.

(serves as the inspection and enforcement agency for food services) 3. Log of sewers cleaned frequently due to a history of FOG. 4. Schedule for cleaning of identified sewer sections. 5. Sewer lift pumping station inspection and maintenance record fonn. 6. Public Outreach Brochures

4.3 FOG Control Discussion The City has detennined that a FOG control program is necessary per SSMP requirements. Over 90 food services (and other potential FOG producing facilities) are located within the City Limits and discharge to the City sewer system. Operations and maintenance staff have also noted the tendency for grease buildup in sewer lines and sewer lift pump station wet wells. This Section discusses measures that the City takes to control FOG.

The City's FOG control program consists of inspection, cleaning, and maintenance of identified sections of the sewer system. The following subsections discuss identification and cleaning of grease-prone areas, facility inspection, and public outreach.

Identification and Sewer Cleaning The core means of FOG control utilized by the City is the identification of trouble spots or sewer lines that are likely prone to grease accumulation, and targeted cleaning of these areas.

a. Identification of Grease Problem Areas. The City collection staff identifies potential grease problem areas by routine weekly inspection of sewer system sections with a history of FOG buildup. The Wastewater Treatment Plant operations staff makes routine weekly inspections of all sewer-lift pumping stations to include an evaluation of the FOG buildup in the lift station wet well. Areas with grease-producing facilities are also considered likely potential problem areas.

b. Focused Cleaning. Cleaning frequency depends on inspection and evaluation made by the maintenance crews, history of stoppages, and areas expected to be prone to grease buildup. Cleaning, by our City's maintenance crew, is accomplished largely by use of rodding cleaning equipped truck and vacuum equipment for the removal of grease, as well as other types of debris. The maintenance crew uses detailed maps of the collection system for an organized cleaning strategy, cleaning from lamp hole, through manholes and to lift station wet -wells. The lift pump maintenance crew utilizes a numerical evaluation system to monitor changes in the system and decide when wet well cleaning is necessary.

15

Elemcn14:_ Fats, Oils. and Grease {fOG) Comra] Program

c. Blockage Investigation. The City collection crew uses our CCTV Van for inspection of suspect areas and investigation of sources of FOG, when issues anse.

Additional infonnation about cleaning and maintenance IS included III Element 6: Measures & Activities

Legal Authority Legal measures available to the City control sources of FOG include the following:

• Authority to prohibit dischargers • Requirement of grease removal device • Authority to inspect grease-producing facilities • Enforcement measures, as appropriate

a. Legal authority to prohibit dischargers. Section 6-5.04 subsection (c) & (e) of the City's municipal code prohibits grease disposal, as follows:

(c) Materials prohibited in sewers. No person shall discharge, or cause to be discharged, any of the following described waters or wastes to any public sewer: (4) Solid or viscous substances which may precipitate, solidify, or become viscous at temperatures existing within the sewer collection system in quantities or of such size capable of causing obstructions to the flow in sewers or other interference with the proper operation of the sewage works.

(e) Materials the City Engineer may prohibit in sewers. No person shall discharge, or cause to be discharged, into any sewer, the following described substances, materials, waters or wastes if it appears likely, in the opinion of the City Engineer, that such wastes can harm either sewers, sewage treatment plant process, or equipment, have an adverse effect on the receiving area, or otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of such waters, the City Engineer will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, the materials of construction of the sewers, the nature of the sewer treatment process, the capacity of the sewage treatment plant, the degree of treatability of wastes in the sewage treatment plant, and other pertinent factors: (2) Any waters or wastes containing fats, wax, grease, or oils of animal origin, whether emulsified or not, in excess of 100 mgfL or containing substances which may solidify or become viscous at temperatures between thirty-two (32) degrees and 150 degrees Fahrenheit (zero and (65) degrees Centigrade);

b. Requirement of grease removal device. Section 6-5.04 subsection (f) of the City's municipal code requires a grease removal device by all dischargers in order to comply with subsections (c) and (e), as quoted previously. The City'S municipal code requires dischargers to comply with the most recent edition of the Unifonn Plumbing Code, as follows:

(I) Interceptors and separators. Interceptors and separators required to comply with subsections (c) and (e) of this section or as required in the judgment of the City Engineer shall comply with the applicable sections of the most recently adopted edition of the Uniform Plumbing Code.

16

Element 4: Fats, Oils, and Q.r?_ase (FOG) Control Program

c. Authority to inspect grease-producing facilities. Section 6-5.07 subsection (d) of the City's municipal code establishes the authority for the City to conduct inspections and monitor wastewater discharges, as follows:

(d) City inspections. The City may inspect the facilities of any discharger to ascertain whether the provisions of this chapter are being met and the wastewater discharge limits are being complied with. Such inspections shall be made with the consent of the owner or possessor of such facilities or, if such consent is refused, with a warrant duly issued pursuant to the procedure in accordance with general law; provided, however, in the event of any emergency effecting the public health or safety, such inspections may be made without consent or the issuance of a warrant. To verifY the wastewater flows and strengths reported by dischargers or to determine compliance with this chapter, inspections, measurements, and samplings, may be conducted from time to time by the City. The City shall have the right to install, maintain, and operate the necessary sampling and measuring equipment on the premises of the discharger.

The City works in co-operation with the Merced County Environmental Health Department. They routinely inspect food service, commercial and industrial, establishments for proper operation, necessary cleaning of grease removal devices, and possible violations.

d. Enforcement measures, as appropriate. Section 6-5.08 Subsections (a), (c) and (d) of the municipal code include enforcement measures for violations of any sewer protection measure, including grease discharge. These measures range from issuance of a notice of non-compliance to criminal penalties, as follows:

(a) Enforcement. The City may adopt procedures and rules for the implementation and administration of this chapter. The City shall enforce the provisions of this chapter, including requirements established or pennits issued hereunder in this section. (I) Requiring dischargers to submit schedules for remedial or preventive measures. When the City finds that a discharge of waste water is taking place or threatening to take place that violate the prohibitions or limits prescribed by this chapter or the waste water source control requirements or the provisions of a waste water discharge pennit, the City may require the discharger to submit for approval, witli such modifications as it deems necessary, a detailed time schedule of specific actions the discharger shall take to correct or prevent a violation of such requirements. (2) Issuance of a cease and desist order. When the City fmds that a discharger of waste water is taking place or threatening to take place in violation of the prohibitions or limits of this chapter or the waste water source control requirements or the provisions of waste water discharge permit, the City may issue an order to cease and desist and direct that those persons not complying with such prohibitions, limits, requirements, or provisions (1) comply forthwith; (2) comply in accordance with a time schedule set by the City; or (3) in the event of a threatened violation, take appropriate remedial or preventative action.

(c) Criminal penalties. Any person who intentionally discharges waste water in any manner in violation of any order issued by the City, which discharge results in contamination, pollution, or a nuisance, as defined in this chapter, shall be a misdemeanor.

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~~~~~~~~~ ~~~--,E",le"n",le",1.]t3: fats, Oils, and Grease (FOG) Control Program

(d) Civil enforcement remedies and penalties. The City may pursue any of the following alternative civil remedies against any discharger who violates the provisions of this chapter:

(1) Damages to facilities: When the discharge of wastewater causes an obstruction, damages, or other impairment to City disposal facilities, the City may assess a charge against the discharger for the work required to clean or repair the facility and add such charge to the discharger's sewage disposal charge.

(2) Fines. A fine of Six Thousand (6,000.00) Dollars per day may be assessed against any person who intentionally or negligently violates any order issued by the City for violations of the provisions of this chapter or regulating or prohibiting the discharger of wastewater which causes, or threatens to cause, a condition of contamination, pollution, or nuisance, as defined in this chapter. (§ 2, Ord. 615,eff. August 21,1978)

Public Outreach The City uses brochures entitled "FOG Prevention" and "Fat-Free Sewers" in addition to other means of reducing backups or blockages. The brochure discusses grease and the roll of fats, oils, and grease in causing blockages. This brochure is displayed and available at the Public Works office counter and will be utilized at local outreach events, such as: County Fair booth, Senior Fair booth, and the Water Awareness student classroom presentations conducted annually by a team from our Public Works staff.

The City distributes letters to Restaurants outlining the required maintenance of grease removal devices. It covers maintenance, cleaning frequency, record keeping requirements and the right of inspection by the City. It also includes suggested pollution management practices and provides a cleaning record verification fonn.

The City mails letters to restaurants, auto shops, and retail outlets concemmg FOG, BMPs and stonn runoff practices annually.

Table 4-2. Summary Table With Respect to Possible FOG Elements Identified by the State

State Element Los Banos (a) An implementation plan and schedule Residential FOG not currently a maj or SSO

for a public outreach education factor. The brochures and outreach events are program that promotes proper disposal sufficient at this time. Merced County

of FOG Environmental Health Department routinely inspects commercial establishments.

(b) A plan and schedule for the disposal of The educational materials direct residents to FOG generated within the sanitary utilize a proper container for disposal in the

sewer system service area. This may trash. Commercial establishments must have

include a list of acceptable disposal FOG removed from their grease interceptor by

facilities andlor additional facilities a grease removal company and trucked off site.

needed to adequately dispose of FOG The City does not accept loads from grease hauling companies. The nearest WWTP

generated within a sanitary sewer accepting FOG is the City of Merced WWTP system service area approximately 30 miles to the northeast.

(c) The legal authority to prohibit Los Banos FOG program includes adequate dischargers to the system and identify legal authority to prohibit dischargers and to measures to prevent SSOs and identify measures to prevent SSOs and

blockages caused by FOG blockages from FOG. The City distributes letters to restaurants, auto shops, & retail outlets concerning FOG and BMPs.

(d) Requirements to install grease removal Los Banos Municipal Code requires grease devi ces (such as traps or interceptors) interceptors for all new or remodeled food

design standards for the grease removal service facilities. The Municipal Code also

devises, maintenance requirements, requires construction to conform to the

record keeping and report requirements. Uniform Plumbing Code

(e) Authority to inspect grease producing Los Banos has adequate authority to inspect facilities, enforcement authorities, and and enforce the Municipal Code requirements whether the City has sufficient staff to in respect to FOG. Merced County

inspect and enforce the FOG ordinance Environmental Health Department routinely inspects commercial establishments.

(t) An identification of sewer system Los Banos Public Works crews routinely sections subject to FOG blockages and identify areas prone to FOG accumulation. establish a cleaning maintenance They inspect sewer mains, maintain a cleaning

schedule for each section schedule and log all cleaning activities to include sewer lines and lift station wet wells.

(g) Development and implementation of At this time the cleaning schedule appears source control measures, for all sources sufficient to reduce FOG blockages and of FOG discharged to the sewer system, prevent FOG related overflows.

for each sewer system section identified in (t) above

i9

Element 5: Legal Authority

This element of the SSMP discusses the City's Legal Authority, including its Municipal Code. This section fulfills the Legal Authority requirement for the RWQCB (element 5) and the SWRCB (element 3).

5.1 Regulatory Requirements for Legal Authority Element The requirements for the Legal Authority element of the SSMP are summarized below:

RWCB Requirement The City must demonstrate that it has the legal authority (through ordinances, service agreements, and other bidding procedures) to control infiltration and inflow (III) from satellite collection systems and private service laterals; require proper design, construction, installation, testing, and inspection of new and rehabilitated sewers and laterals; and enforce violation of ordinances.

The SSMP should describe specific applicable legal mechanisms, with citations of names and code numbers of ordinances. If legal authority does not currently exist for a required element, the SSMP should indicate a schedule of activities to obtain the proper legal authority.

SWRCB Requirement The City must demonstrate, through collection system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to:

(a) Prevent illicit discharges into the wastewater collection system (examples may include infiltration and inflow (VI), storm water, chemical dumping, unauthorized debris and cut roots, etc.);

(b) Require that sewers and connections be properly designed and constructed; (c) Ensure access for maintenance, inspection, or repairs for portions of the lateral

owned or maintained by the public agency; (d) Limit the discharge of fats, oils, and grease and other debris that may cause

blockages, and (e) Enforce any violation of its sewer ordinances.

5.2 Element 5 Appendix Supporting information for element 5 is included in Appendix D. This appendix includes the following document:

Chapter 5 (Sewer System) of the Municipal Code

20

Element 5: Legal Authoritv

5.3 Municipal Code The legal authority required for the SSMP by the SWQCB and the SWRCB is contained within Section 6-5.01 through 6-5.12, of the City's municipal code dedicated to the sewer system, all included within Chapter 5:

• 6-5.01 Definitions • 6-5.02 Use of public sewers required: Exceptions • 6-5.03 Building sewers and connections • 6-5.04 Discharges to public sewers • 6-5.05 Discharger classifications and calculations of sewage disposal charges • 6-5.06 Wastewater discharge permits • 6-5.07 Administration • 6-5.08 Enforcement and penalties • 6-5.09 Charger: Amendments • 6-5.10 Prohibited activities involving wastewater facilities • 6-5.11 Severability • 6-5.12 Wastewater collection and treatment fees

Sections 6-5.02, 6-5.03, 6-5.04, 6-5.07, 6-5.08, 6-5.09, and 6-5.12 as listed above pertain to the legal authority required for fulfillment of SSMP requirements. These sections are included in full in Appendix D, Chapter 5 (Sewer System). Portions of this Chapter are discussed in the following subsections as they pertain to prevention of illicit discharges, proper design and construction of sewer and connections, maintenance access, and enforcement measures.

Prevention of Illicit Discharges All measures prohibiting illicit discharges are included in section 6-5.04, Discharges to Public Sewers. The specific purpose of this section is to prevent the discharge of any pollutant into the sewers that would obstruct or damage the collection system, interfere with treatment, or threaten harm to human health or the environment. Examples of discharges covered are included below. Refer to the municipal code included in Appendix D for the complete text.

• Storm Water and VI. Section 6-5.04 (a), Prohibits discharge of storm water, clear water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or uncontaminated process water to any sanitary or industrial sewer or natural outlet; (b) accept by approval of the City Engineer. Furthermore, Section 6-5.04 (b) expressly requires that storm water and other unpolluted drainage be discharged into a storm sewer or approved natural outlet.

• Chemical Dumping. Section 6-5.04 (c), Prohibits discharge of gasoline, benzine, naptha, fuel, oil, flammable, explosive, toxic or poisonous, liquid, solid or gas, or waters that interfere with the treatment process, or constitute a hazard to humans or animals, or create a public nuisance.

• Industrial Waste. Section 6-5.06, Requires all industrial waste dischargers to obtain a permit and prohibits discharge in excess of the permit allowance. The permit issued may include provisions for wastewater quality and quantity. Additionally, regulations may require periodic testing, reporting, and notification of discharges.

Element 5: Legal Authority

• Other Discharges. Section 6-5.04 (c)(4), Prohibits the discharge of various debris such as, but not limited to, ashes, bones, cinders, glue, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, un-ground garbage, whole blood, manure, hair, ground paper, and the like.

Proper Design and Construction of Sewers and Connections Regulations pertaining to the design, construction, and inspection of private sewer systems, building sewers, and connections are included in Chapter 5, Section 6-5.03 of the Municipal Code.

•

•

•

•

Permit Required. A permit is required prior to construction of any private sewage disposal system (section 6-5.02, (d)). A permit is also required prior to constructing a building or lateral sewer or connecting to a public sewer (section 6-5.03). This section also lays out the requirements for obtaining a permit and provides for review of plans and specifications by the City. Design Requirements. Section 6-5.03, (g), specifies the minimum size and slope of a building sewer, as well as connections allowed to the building sewer. This section states that the design and materials shall conform to the current requirements of the Uniform Building Code. Construction Requirements. Section 6-5.02, (i), requires that construction of building sewers conform to the requirements of the Building and Plumbing Codes, as well as the Improvement Standards and Specifications currently in effect. Inspecting and Testing. All building sewers shall be tested and inspected, (section 6-5.03, (j). connection to the public sewer shall be made in the presence and under the inspection of the Inspector or his representative.

Lateral Maintenance Access Property owners are responsible for maintaining the building sewer (lateral), per section 6-5.04, (d) of the Municipal Code. The "building sewer" (section 6-5.01, (b), is defined as "the extension from the building drain to the public sewer".

Limit Discharge of FOG and Other Debris As discussed under Element 4: Fats, Oils, and Grease (FOG) Control Program, Section 6-5.04 of the Municipal Code prohibits grease disposal, including discharge to any public or private sanitary sewer. This section requires a grease removal device for commercial or industrial grease generators. Section 6-5.08 outlines enforcement and penalties for violation of the code requirements.

Discharge of debris is covered in section 6-5.04 of the Municipal Code, which among other things, prohibits discharge of any waste that could cause a nuisance, cause damage to the sewer system, or cause extra collection, treatment, or disposal costs. Additionally, prohibits discharge of solids that will obstruct or damage the collection system and prohibits discharge of any substance into a manhole.

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Element 6: Measures and Activities

This section of the SSMP discusses the City's operations, maintenance and other related measures and activities. This section fulfills the Measures and Activities SSMP requirement for the RWQCB (Element 6) and the Operation and Maintenance Program SSMP requirement for the SWRCB (Element 4).

6.1 Regulatory Requirements for the Measures and Activities The requirements for the Measures and Activities element of the SSMP are summarized below. Since requirements for this SSMP element contain several categories, this summary is organized by category, with RWQCB and SWQCB requirements described for each category as applicable.

Collection System Map

RWOCB Requirement: The wastewater agency must maintain up-to-date maps of its collection system facilities. The SSMP should describe the types of maps currently being used, along with procedures for updating the maps with new and rehabilitated facilities.

SWRCB Requirement: As appropriate and applicable to the system, the wastewater agency must maintain up-to-date maps of the sanitary sewer system, showing all gravity line segments, manholes, pumping facilities, pressure pipes, valves and stormwater conveyance facilities.

Resources and Budget

RWOCB Requirement: The wastewater agency shall allocate adequate resources for the operation, maintenance, and repair of its collection system. The SSMP should demonstrate that the resources are adequate for an acceptable delivery of the agency's servICes.

SWRCB Requirement: None.

Prioritized Preventive Maintenance

RWOCB Requirement: The wastewater agency shall prioritize its preventive maintenance activities. The SSMP should describe the system currently used for prioritized preventive maintenance and any plans, as needed, to maintain the integrity of the system and reduce frequency of SSOs.

SWRCB Requirement: As appropriate and applicable to the system, the wastewater agency must describe routine preventive operation and maintenance activities by staff and contractors; including a system for scheduling regular maintenance and cleaning of the sanitary sewer system, with more frequent cleaning and maintenance targeted at known problem areas. The preventive maintenance program should have a system to document scheduled and conducted activities, such as work orders.

23


Scheduled Inspections and Condition Assessment

RWQCB Requirement: The wastewater agency shall identifY and prioritize structural deficiencies and implement a program of prioritized short-term and long-term actions to address them. The SSMP should describe the approach used for scheduled inspections and condition assessment of the sewer collection system. The approach should address criteria and results for short-tenn and long-term prioritization of corrective actions, based on identified structural or other deficiencies.

SWRCB Requirement: As appropriate and applicable to the system, the wastewater agency must develop a rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short-term and long-tenn rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manhole and sewer pipes, and a system for ranking the condition of the sewer pipes and scheduled rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short and long term plans, plus a schedule for developing the funds needed for the capital improvement plan.

Contingency Equipment and Replacement Inventories

RWQCB Requirement: The wastewater agency shall provide contingency equipment to handle emergencies, and spare/replacement parts intended to minimize equipment downtime. The SSMP should summarize the agency's critical spare parts inventory and list major equipment used for sewer system operation and maintenance.

SWRCB Requirement: As appropriate and applicable to the system, the wastewater agency must provide equipment and replacement part inventories, including identification of critical replacement parts

Training

RWQCB Requirement: The wastewater agency shall provide training on regular basis for its staff in collection system operations, maintenance, and monitoring. The SSMP should include a description of the agency's training program and whether any changes or improvements are anticipated in the near future.

SWRCB Requirement: As appropriate and applicable to the system, the wastewater agency must provide training on regular basis for staff in sanitary sewer system operations, maintenance, and require contractors to be appropriately trained.

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Outreach to Plumbing and Building Contractors

RWOCB Requirement: The wastewater agency must implement an outreach program to educate commercial entities involved in sewer construction or maintenance about the proper practices for preventing blockages in private laterals. This requirement can be met by participating in a region-wide outreach program.

SWRCB Requirement: None.


Supporting information for element 6 is included in Appendix E. This appendix includes the following documents:

1. City Council Resolution for the adoption of the 2008 Wastewater Collection System Master Plan

2. Equipment list 3. Wastewater Budget

Additional related documents to support Element 6 are located in Appendix C 4. Log of sewers cleaned frequently due to a history of FOG 5. Schedule for cleaning of identified sewer sections 6. Sewer lift pumping station inspection and maintenance record form

6.3 Collection System Map Discussion

The City has block book maps of their sewer and storm systems, with block book sheets covering approximately 0.25 sq. mile. Maps are printed into a map book for use by maintenance and engineering staff. Each grid has a page assigned based on the grids location. The block book map shows flow direction, pipe diameter. street names, parcels, and sewer lift station locations within the system.

The City has a map room where maps are indexed and filed. Both paper and Mylar maps are maintained for the entire sewer system and sewer lift stations. These maps are design maps, as well as the as-built maps that show more detail than the working crew's block book maps. These maps include: pipe inverts, manhole inverts, manhole depth, and complete sewer lift station details.

The City recently prepared and approved the Wastewater Collection System Master Plan (adopted by City Council Resolution on 9/3/2008). The Master Plan details the collection system sewer lines, trunk lines, and sewer lift stations both current and for future planned development. The plan also evaluates the system capacity and identifies areas of planned upgrade and rehabilitation.

The City Inspection staff reviews and updates the maps with any new development or corrections, as needed.

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____________ -"'Element 6: l\1easures and AcJivitG;2

6.4 Resources and Budget Discussion

The City funds the sewer system services including operations, maintenance, and capital projects, through a sewer enterprise fund. This fund is user-supported; it uses revenue from ratepayers to fund sewer related work. The City currently has adequate resources and budget to provide sufficient operations, maintenance, and repair of the collection system as required by the SSMP, and the City re-evaluates its budgets annually. The current budget is included in Appendix E.

New Infrastructure required for new construction projects are funded by developers, development fees, and impact fees as related to the project, and the impact on the sewer collection system. These fees are reviewed and updated to assure adequate funding as necessary.

In the Wastewater Collection System Master Plan, the City has identified several capital improvement projects for the maintenance of the collection system. These projects include both improvements to the existing system, as well as new infrastructure. The Master Plan discusses the funding sources as they relate to these projects and recommends that the user benefiting from the project, pay the costs related to the project. A breakdown of the existing and future user cost share of the proposed projects, by phase, is summarized in Table 7.3 of the Wastewater Collection System Master Plan.

The Capital Improvement Projects are prioritized based on their urgency to mitigate existing deficiencies and for servicing anticipated growth. The implementation phases are separated into 5-year increments as described in table 7.2 and 7.3, of the Wastewater Collection System Master Plan.

6.5 Prioritized Preventive Maintenance Discussion

Sewer Cleaning The City prioritizes its preventive maintenance activities. The preventive maintenance includes scheduled focused cleaning and routine preventative maintenance of the entire collection system, to include 13 sewer lift pump stations. More frequent cleaning is scheduled on identified problem areas as shown on the Schedule for Cleaning Sewer Sections, in Appendix C. Other areas of concern are scheduled for cleaning based on routine weekly inspections, or daily as the need arises. The Public Works crew uses a Cleaning Record (log) to document activities, included in Appendix C.

The City owns and operates three water-jet rodding equipped trucks for sewer main cleaning. Two of these vehicles are also equipped with vacuum units for the removal of grease and debris within the sewer collection system. The Public Works collection crew uses detailed maps of the collection system to aid in the organization and strategy of their cleaning activities.

26

~~~~~~~~~~~~~.Element 6: Measure~ and Activiti,?..§

Pump Station IVlaintenance The City Wastewater Treatment Plant staff performs weekly inspections of the City's thirteen sewer lift pump stations. These visits include: a visual inspection of the station, log and evaluation of pump hours, wet well level verification, an assessment of the wetwell cleaning needs (using a numerical system), and documentation of these assessments. The crew also schedules maintenance of the stations various service needs, wet-well cleaning, fIlter replacement, vacuum pump testing and replacement, etc. as well as weed abatement and debris removal needs. This crew also responds to all immediate issues related to the lift stations, to include: high level alarms (received by cell phone from the station alarm systems), respond to problems related to the station, or to a complaint concerning odors or noise issues.

These stations currently include seven above ground and six underground. The underground stations are non-permitted confined space entry spaces. Confined space entry procedures are followed, as required, and the crew services these stations in teams to insure safety.

The Public Works Department follows a "Confined Space Manual" outlining proper procedures. All entries include proper ventilation, testing of the enviroument air quality, safety hazards observed, and evacuation when called for, as well as other requirements. The City Fire Department is available upon request for assistance and is instrumental in the continued training of the crew for both non-permitted and permitted confined space entries.

Odor Control The City receives only a few isolated odor complaints a year. The complaints are usually for the area near the Crest Hills sewer lift station. This station is situated between two homes and also in a high foot traffic area, directly on the walk path to the City's Rail Trail. All complaints are responded to in a timely manner. Mitigation of the problem have included: cleaning of the wet-well, cleaning of the sewer lines, sealing of the wet-well opening, and installation of odor masking spray equipment. Any other areas that receive odor complaints are treated with the same sense of urgency and all measures possible are taken to resolve the problem.

Investigation of Customer Complaints The City responds to all customer complaints about sewer service. The collection system staff responds during work hours and the standby worker responds after hours. Response includes assessing the complaint and resolving the problem. Additional staffis called out as needed.

Complaints are generally related to sewer stoppages. Some stoppages are related to the sewer main, but most stoppages occur in laterals. The City has the equipment to clean laterals and the crew will maintain any sewer line within the city's easement. Although crews respond to all stoppage complaints, they are not responsible for cleaning stoppages in the property owner's laterals.

27


Maintenance Management and Service Requests All maintenance of the collection system is scheduled by utilizing inspection information, known areas prone to blockages, complaints, and service requests. The activities are documented by the use of cleaning logs, service request forms, and complaint forms. These records are filed as a permanent record, as well as reference for future assessment.

6.6 Scheduled Inspections and Condition Assessment

The City has recently approved and adopted the Wastewater Collection System Master Plan. This Master Plan outlines an assessment of the collection system, identifies areas in need of upgrade or rehabilitation, and addresses infrastructure needed for anticipated growth. The Master Plan also includes long-term and short-term capital improvement projects for the protection of the infrastructure assets.

Manhole and Pipeline Inspection The collection crew schedules weekly visual inspections of manholes as a routine maintenance activity. A selected area of the system is inspected, as well as targeted locations of known areas prone to blockages. The purpose of this inspection is to assess the condition of the system and it's components.

The City owns and operates a closed circuit television camera van equipped with all necessary equipment required for inspection and documentation of the collection system condition. Inspections of all new construction are made prior to approval of a project. Inspections of sections with suspected defects or problem areas are also inspected.

Pump Station Inspections and Assessment

The mechanical and electrical condition of the City's thirteen sewer lift pumping stations is evaluated on a regular basis. The stations are visited weekly, inspected and maintained regularly, and assessed for service needs. The City has an electrician at its disposal 2417 with a vast knowledge of our system and many years of experience with our electrical needs.

Pumping stations are included in the Collection System Master Plan. Assessment of the lift stations was made, capacity of each station was evaluated, and recommendations for long-term and short-term capital improvements are stated.

6.7 Contingency Equipment and Replacement Inventories

The City maintains a fleet of vehicles and equipment required for the operation and maintenance of the sewer collection system. The collection division has 2 vacuumJrodding trucks, 1 rodding truck, 1 snake van, 1 closed circuit television/camera van, 2 dump trucks, 2 flat bed trucks, 2 backhoes, 1 portable pump, and 3 portable generators (capable of running any of our sewer lift pump stations).


The City's other departments and divisions have additional equipment available should the need arise. Local vendors have agreed to make pumps or additional equipment available to us 24 hours a day. The City also maintains an adequate inventory of other gas-powered equipment, electrical equipment, and the tools necessary to operate and maintain the system. The crews perform their routine maintenance in utility/pickup trucks that are well equipped and stocked with the proper tools, parts, and safety equipment for the work they need to perform.

The City maintains an equipment inventory. All sewer maintenance equipment and replacement parts are stored at the City's Public Works Yard on Madison Avenue. Equipment and replacement parts are periodically replaced based on the estimated usefulness and remaining life. The City's equipment list is included in Appendix E

The City keeps spare/replacement parts in inventory to minimize facility down time in the event of an unplanned failure. Spare parts include: spare manhole lids, hoses, valves, sewer pipe and fittings.

The lift stations have redundant pumping at each pump site to reduce impacts of a failure, however, the City maintains a vast inventory of spare parts for each station to include motors; pump impellers, compressors, vacuum pumps, valves, repair kits, filters, relays, timers, switches, and a variety of the necessary electrical components. The pumping stations are of various brands. Each brand has some unique parts requirements, and most parts are unavailable at a local vender. The City has a large investment in this parts inventory.

6.8 Training Discussion

The City budgets for training its sewer maintenance staff each year. The Training Program includes scheduled weekly safety and training meetings. The training includes the operation of equipment to include vehicles, pumps, generators, vacuumlrodding truck, backhoe and other related equipment. A record of training is maintained. Staff also receives training for confined space entry, trenching safety, as well as other related training, such as, SSO response and protection of public health and the environment.

The City encourages sewer staff to become CWEA certified, and provides training opportunities to enable all sewer maintenance staff to become and remain certified. The City assists with certification by paying for the preparation courses needed, certification exams, and required continuing education. The City also provides training tapes and manuals for employees for both work and home study. Currently, three of the city staff members are certified.

New employees and maintenance crew work directly with and under the supervision of an experienced senior worker until they can demonstrate competency in the skill sets required.

Element 6: h-feasures and Activities

The City uses numerous outside sources and programs, as well as providing in house and on-the-job training for sewer maintenance crews. Training sources that the City uses are listed below:

• CWEA (California Water Environment Association) • CRWA (California Rural Water Association) • APWA (American Public Works Association) • PG&E (Pacific Gas and Electric) • Los Banos Fire Department • Vendor sponsored training • In-house training by supervisors • Safety meetings by staff or vendors • Video and printed media

6.9 Outreach to Plumbers and Building Contractors Discussion

City personnel are in constant contact and interaction with plumbing companies and contractors on sewer related maintenance and construction within the city. We maintain a good working relationship; provide guidance when needed and handout our standards upon application or request.

All plumbers, contractors and developers are required to maintain a level of construction consistent with the City'S Municipal Code, the current Design and Improvement Standards, and the Unifonn Plumbing Code. Copies of these documents are made available to all, at the Public Works Office. The City's Design Improvement Standards and Specifications are available online at http://www.usspecbook.com.

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Element 7: Design and Construction Standards

This section of the SSMP discusses the City's design and construction standards. This section fulfills the Design and Construction Standards SSMP requirement for the RWQCB (Element 7) and the Design and Performance Provisions SSMP requirement for the SWRCB (Element 5).

7.1 Regulatory Requirements for Design & Construction Standards

The requirements for the design and Construction elements of the SSMP are summarized below.

RWQCB Requirement The City shall identify minimum design and construction standards and specifications for the installation of new sewer systems and for the rehabilitation and repair of existing sewer systems. The City should evaluate whether the existing design standards are appropriate and up to date. If the City believes its current standards are appropriate, the City can refer to the documentation that already exists.

The City shall also identify procedures and standards for inspection and testing the installation of new sewers, pump stations, and other appurtenances; and for rehabilitation and repair projects. The SSMP may refer to existing documents.

SWRCB Requirement The City must have design and construction standards and specifications for the installation of new sewer systems, pump stations, and other appurtenances; and for the rehabilitation and repair of existing sewer systems. The City must also have procedures and standards for inspection and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects.


Supporting information for Element 7 is included in Appendix F. This appendix includes the following documents:

1. Table of Contents of the City of Los Banos Improvement Standards and Specifications, approved by City Council Resolution No. 4539, October 6, 2004 (February 2007 Draft)

2. Standard Details (drawings) Table of Contents of the City of Los Banos Improvement Standards and Specifications, approved by City Council Resolution No. 4539, October 6,2004 (February 2007 Draft)

31

Element 7: Design and Construction Standards

7.3 Design and Construction Standards Discussion

The City's current "Improvement Standards and Specifications" were approved by the City Council on October 6, 2004, by Resolution No. 4539. These standards shall be followed in any work for acceptance by the City. Improvement plans and supplemental information shall be approved by the City Engineer for all projects that are subject to the approval of the Department of Public Works prior to the issuance of permits allowing construction to begin.

Part II, section 4 of the Improvement Standards and Specifications addresses Sanitary Sewer facilities designed for installation within a public right-of-way or public utility easement in the City. This section includes specifications on pipes, manholes, force mains, flow rates, lift stations, and services.

Part III, Division 5 of the Improvement Standards and Specifications addresses pipelines. Section 5 covers Sanitary Sewer Pipelines including: lateral connections to sanitary sewers, cleaning and flushing, testing, and closed circuit TV inspection.

The City owns, operates and maintains thirteen sewer lift stations within its service area. These pumping stations have been evaluated for design and capacity in the Master Plan for Wastewater Collection System. Design and improvement standards are outlined in Part II, Section 4, page 617.

32

Element 8: Ca]2acity Management

This section of the SSMP discusses the City's capacity management measures, including the most recent Master Plan and recommended capacity improvement projects. This section fulfills the Capacity Management SSMP requirement for the RWQCB (element 8) and the System Evaluation and Capacity Assurance Plan SSMP requirement for the SWRCB (element 8).

8.1 Regulatory Requirements for Capacity Management

The requirements for the Capacity Management element are summarized below.

R WQCB Requirement The RWQCB Capacity Management requirement is divided into two sections:

a) Capacity Assessment: The wastewater collection system agency shall establish a process to assess the current and future capacity requirements for the collection facilities. The SSMP should describe whether a current capacity assessment has been prepared, and if not, provide a schedule of activities for completing an assessment.

b) System Evaluation and Capacity Assurance Plan: The wastewater collection system agency shall prepare and implement a capital improvement plan to provide hydraulic capacity of key sewer system elements under peak flow conditions. Once the capacity assessment described in (a) above has been completed, a capital improvement program must be implemented to address any capacity needs. The SSMP should briefly describe the capital improvements anticipated and be updated as implementation occurs and priorities change.

SWRCB Requirement The wastewater collection agency shall prepare and implement a capital improvement plan that will provide hydraulic capacity of key sewer system elements under peak flow conditions. This plan must include:

a) Evaluation: The agency must identifY actions needed to evaluate those portions of the sewer system that are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows, estimates of the capacity of key system components, hydraulic deficiencies, and the major sources that contribute to the peak flows associated with overflow events.

b) Design Criteria: Where design criteria do not exist or are deficient, the agency should undertake the evaluation identified in (a) above to establish appropriate design criteria.

Element 8: Capacity Management

c) Capacity Enhancement Measures: The agency must identifY the steps needed to establish a short and long-term capital improvement plan (CIP) to address identified hydraulic deficiencies including prioritization, altematives analysis, and schedules. The CIP may include increases in pipe size, VI reduction programs, increases and redundancy in the pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shall identifY sources of funding.

d) Schedule: The agency shall develop a schedule of completion dates for all portions of the CIP developed in (a) through (c) above. This schedule shall be revised and updated at least every five years.


Supporting information for Element 8 is included in appendix G. This appendix includes the following documents:

I. Schedule of proposed Sewer Capital Improvement Projects.

8.3 Capacity Evaluation Discussion

The City completed a comprehensive Master Plan for Wastewater Collection System in September 2008. This Master Plan includes a capacity evaluation and identifies capacity related improvement projects. The Master Plan is a separate document from the SSMP. This section of the SSMP summarizes key capacity related portions of the Master Plan. The complete Master Plan is available on line at http://www.losbanos.orglindex.

The capacity assessment completed as part of the City's Wastewater Collection System Master Plan was based on hydraulic modeling of the City's collection system under current and future design flows. The following subsections provide a brief summary of the modeled system, flow estimates, and evaluation criteria used for the City's sewer system capacity evaluation.

Note that the City has not experienced any sanitary sewer overflows due to hydraulic deficiencies in the sewer system. Likewise, modeling of the City's sewer system conducted during the preparation of the 2008 Master Plan showed the wastewater collection system to have sufficient capacity to convey existing design flows.

Hydraulic Model As a part of the City's Master Plan for Wastewater Collection System, a hydraulic model was developed based on data collected from the City's AutoCAD database, developer design drawings, lift station design summaries, and field studies. Refer to Chapter 5 (5.3) of the Master Plan for complete discussion of the model development.

In total, there are more than 130 miles of sewer mains and trunk sewers in the City's collection system. The sewer system model generally includes pipelines with a diameter of 10-inches or greater, all associated manholes, and lift stations.

34

Element 8: Capacity l\1anagement

Flow Estimates Existing flows were estimated by measuring flow from different areas of the collection system. The flow was monitored for approximately one week at 16 strategically selected monitoring sites. Future flows were estimated based on the City's 2007-2030 General Plan and the City's 2007 Wastewater Strategic Plan.

Flow projections through the year 2055 are shown in the following table:

Planning Year WWTP Average Day Flow (mgd) Existing 3.55

2010 4.16

2015 5.06

2020 6.15

2025 7.48

2030 9.10

2035 9.47

2040 9.85

2045 10.24

2050 10.65

2055 11.10 InfonnatlOn from the Master Plan for Wastewater Collectton System (September 2007) Table 4.9.

Design and Planning Criteria The capacity of the City's wastewater collection system was evaluated in the Master Plan based on the planning criteria as defined in Chapter 3. The planning criteria address the collection system capacity, gravity sewer slopes, maximum depth of flow within the sewer, average wastewater flow coefficients, and wastewater peaking factors.

Capacity Evaluation Results The capacity evaluation is summarized below. Refer to Chapter 6 of the Master Plan for a complete discussion of the capacity evaluation and proposed improvements.

Existing Deficiencies In the City's down town area, existing storm drain connections cause sudden increases in wastewater flow during a storm event.

Future Improvement The addition of future sewer users on the existing sewer system will require capacity expansion of the existing sewer mains and lift stations.

City of Los; &.anos Sewer Syste-m Mai1a91emel1fE: Plan 35

Element 8: Capacity Management

8.4 Recommended Capacity Projects

Existing The City has planned a storm drain project to separate the storm runoff from the wastewater collection system in the City's downtown area. This project is discussed in more detail in the Storm Drainage Master Plan.

Future The Master Plan outlines several projects to increase the capacity of the collection system. These projects are phased by priority and planned in conjunction with the City's General Plan. The projects include upgrading existing sewers and lift stations to serve future users and building new sewers necessary for future growth. The Master Plan has identified projects through the year 2025 and beyond.

8.5 Capital Improvement Projects Schedule

Chapter 7 of the Master Plan outlines proposed collection capital improvement projects. The implementation phases of these projects are separated into 5-year increments. Table 7.2 of the Master Plan lists each project by type, location, project size, and the phasing. Refer to Appendix G for the Schedule of proposed Sewer Capital Improvement Projects.

8.6 Financial and Economic Analysis

The vast majority of the Master Plan improvements will serve future users, even when an improvement calls for the upgrade of an existing facility. Future improvements will be funded by developers or through development impact fees. All projects fall into one of the three following categories:

• Existing Improvements: Existing improvements correct existing deficiencies or rehabilitate/replace existing facilities that have reached their useful life. These projects are funded through user rates.

• Developer Improvements: Future improvements that serve new users. These improvements will be developer funded and/or may be a part of a reimbursement agreement between developers.

• Regional Improvements: Future improvements that serve new users. These improvements will be funded through wastewater development impact fees collected by the city.

The Schedule of proposed Sewer Capital Improvement Projects, in Appendix G, lists the estimated cost and a reimbursement category for each project. The Association for the Advancement of Cost Engineering (AACE) guideline was used for estimating costs in December 2007 dollars.

36

Element 9: Monitoring, Measurement, & Program Modifications

This section of the SSMP discusses parameters the City tracks to monitor the success of the SSMP, and how the City plans to keep the SSMP current. This section fulfills both the RWQCB (Element 9) and the SWQCB (Element 9) SSMP Monitoring, Measurement and Program Modifications requirements.

9.1 Regulatory Requirements for Monitoring, Measurement, and Program Modifications

The requirements for the Monitoring, Measurement and Program Modifications element of the SSMP are summarized below:

R WQCB Requirement The City must monitor the effectiveness of each SSMP element and update and modify SSMP elements to keep them current, accurate, and available for audit as appropriate. The SSMP should discuss performance indicators to be tracked and a description of how the City plans to keep the SSMP up-to-date.

SWRCB Requirement The City shall:

• Maintain relevant information that can be used to establish and prioritize appropriate SSMP activities;

• Monitor the implementation and, where appropriate, measure the effectiveness of each element ofthe SSMP;

• Assess the success of the preventative maintenance program; • Update the program elements, as appropriate, based on monitoring or

performance evaluations; and • Identify and illustrate SSO trends, including: frequency, location, and volume.


Supporting information for Element 9 is included in Appendix H. This appendix includes the following documents:

I. Element 9: SSMP Monitoring Tracking Sheet

9.3 Monitoring and Measurement Discussion

The City already tracks several performance measures through logs and reports, including but not limited to location and cause of stoppages; number, cause, location, and volume of SSOs; SSO response time; length of pipe cleaned and type of debris found. The City intends to continue tracking all performance measures that are currently tracked.

City of Il.,os taianos Sewer System lVial1;agement P!an 37

Element 9:. tvlonitoring, Measurement and Program Modifications

In order to monitor the effectiveness of the SSMP, however, the City has selected certain, specific parameters that can be documented and compared on an annual basis in a simple format. These parameters were selected because they are straightforward, quantitative, and focused on results. Although the parameters may not track everything associated with the SSMP implementation, changes in these parameters over time will indicate the overall success of the SSMP or, conversely, underlying problems that can than be investigated further.

Table 9-1 lists each SSMP element, the overall purpose of the SSMP element, and the specific parameters that the City plans to track that will help in evaluating the effectiveness of the SSMP. Appendix H includes a tracking sheet listing each of these parameters, which the City will fill out annually in conjunction with completing the SSMP audit (Element 10).

a e - , om onng T bl 9 1 SSMP M 't . P arame ers, ~y t b SSMPEI emen t SSMP Element Summary of Element Parameters for Tracking

Purpose Effectiveness (Annually)

Goals Establish priorities of City and None needed provide focus for City staff

Organization Document organization of City None needed staff and chain of communication for SSO response

Overflow Emergency Response Provide timely and effective • Average and minimum Plan response to SSO emergencies and response time

comply with regulatory reporting • Percent of SSO contained requirements or returned

Fats, Oils, & Grease Control Minimize blockages and • Number of blockages due to Program overflows due to FOG FOG

• Number of SSOs due to FOG

Legal Authority Ensure the City has sufficient None needed legal authority to properly maintain the system

Measures and Activities Minimize blockages and SSOs by • Total number ofSSOs properly maintaining the system • Volume of SSOs and keeping the system in good • Repeat SSOs condition • Total nwnber of mainline

blockages • Total Nwnber of pump

station failures • Number of pipe failures • Length of pipe CCTV'd

Design & Construction Ensure new facilities are proper1y None needed Standards designed and constructed Capacity Management Minimize S SOs due to • Number of SSOs due to

insufficient capacity by capacity limitations evaluating system capacity and • Number of SSOs due to wet implementing necessary projects weather

• Date of completion of the last capacity evaluation

38

~~~~~~~~~~~~~-,E""'l",em",,ent 9: Monitoring, Measurement and Program Modifications

SSMP Element Summary of Element Parameters for Tracking Purpose Effectiveness (Annually)

Monitoring, Measurement, & Evaluate effectiveness ofSSMP, None needed Program Modifications keep SSMP up-to-date, and

identifY necessary changes SSMP Audits Fonnally identify SSMP • Date of completion oflast

effectiveness, limitations, and annual audit necessary changes on an annual basis

Communication Communicate with the public and None needed satellite agencies

The City will use the specific tracking parameters listed in Table 9-1 and documented in Appendix H to assist in completion of the annual SSMP audit described in element 10, As noted above, the City will also continue to collect data for all perfonnance measures currently tracked, This additional infonnation will be used to support or further evaluate the successes and limitations of the SSMP as needed,

9.4 SSMP Modifications

The SSMP needs to be updated periodically to maintain current infonnation, and programs need to be enhanced or modified if it is detennined that they are less effective than needed, The City will review the success and needed improvements of the SSMP as part of the SSMP annual audit, described in Element 10,

City staff will update critical infonnation, such as contact numbers and SSO response chain of communication, as needed. A capacity CIP comprehensive SSMP update will occur every 5 years, as required by the SWQCB.

39

Element 10: SSMP Audits

This section of the SSMP discusses the City's SSMP audit program. This section fulfills both the RWQCB (Element 10) and the SWQCB (Element 10) SSMP audit requirement.

10.1 Regulatory Requirements for SSMP Audits

R WQCB Requirement The City shall conduct an annual audit of their SSMP that includes any deficiencies and steps to correct them that are appropriate to the size of the City's system and number of overflows. The City must submit a report of the audit to the R WQCB by March 15 of the year following the calendar year for which the analysis applies.

SWRCB Requirement The City shall conduct periodic internal audits appropriate to the size of the City's system and number of SSOs. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the City'S compliance with the SSMP requirements, including identification of any deficiencies in the SSMP and steps to correct them.


Completed SSMP audits are stored in Appendix I.

10.3 SSMP Audits Discussion

The City will complete audits of the SSMP each year, and will include a report on the audit with the annual SSO report to the RWQCB submitted by March 15. The audit will include the following:

• Review of the progress made on development ofSSMP elements • Review of monitoring and measurements tracking under Element 9 • Identification of success of implementing SSMP elements and needed

improvements • Description of system improvements during the past year • Description of system improvements planned for the upcoming year, with an

estimated schedule for implementation

Upon completion of the audit, the City will keep a report of the audit on file to fulfill the SWQCB audit requirement. A copy of each audit will be stored in Appendix I of the SSMP.

Element 11: Communication

This section of the SSMP discusses the City's communication with the public and satellite agencies. This section fulfills the communication Program requirement for the SWQCB (Element 11). The RWQCB has no equivalent requirement.

11.1 Regulatory Requirements for Communication

The requirement for the Communication element ofthe SSMP are summarized below:

RWQCB Requirement None.

SWRCB Requirement The City shall communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the City as the program is developed and implemented. The City shall also create a plan of communication with systems that are tributary and/or satellite to the City's sanitary sewer system.

11.2 Appendix

There is no appendix associated with Element 11

11.3 Communication Discussion

The City maintains a website (http://www.losbanos.org) to inform the public about City activities. The City's website is an effective communication tool for providing alerts and news to the public. The website has department specific information and contact telephone numbers. The Water Distribution System Master Plan, Storm Drainage System Master Plan, and Wastewater Collection Master Plan are published on website. Additionally, various Public Works documents are available for public review.

The City Council Meetings are televised on public access cable TV (channel 96). The agenda and supporting documents are posted on the internet-website prior to all City Council Meetings. The public is given an opportunity to address the City Council at every Council Meeting and is encouraged to express their opinion on any item. These public comments are also televised.

The City Council Meeting agenda for the approval/adoption of the SSMP will also be posted outside City Hall prior to the Council Meeting and supporting documents will be made available upon request.

April 29, 2009 Updates:

• • •

Page 3 Page 6 Page 7

Updated -RemovedRemoved -Updated -

Log of Audits and Updates

with current data Associate Civil Engineer & Inspector Trainee Associate Civil Engineer & Inspector Trainee the job description for Assistant Director

February 5, 2010 Audit (copy in Appendix I) Updates:

• Appendix A • Page 7

• Page 25 • Page 25 • Page 26

• Page 29

• Page 30

• Page II

Updated -Moved, -

Added -Removed-Added -

Changed-

Added-

Added -

WWTP phone number on the Contact List "Investigates sewer related complaints from the general public." from WWTP Supervisor to Fonnan Responsibilities

item 3, Wastewater Budget "annually or semi-annually," from the last sentence

The current budget is included in appendix E. to the first paragraph "maintenance staff has" to Training Program icludes in the first paragraph of 6.8 the following paragraph to 6.9: City personnel are in constant contact and interaction with plumbing companies and contractors on sewer related maintenance and construction within the city. We maintain a good working relationship; provide guidance when needed and handout our standards upon application or request Wastewater Budget to the Table of Contents II, Appendix E

March 2, 2011- Audit (copy in Appendix I) - Updates:

• Page III Added- Glossary of Tenns / Acronyms to the Table of Contents

• Page 6 Added- City Council and City Manager Responsibilities: City Council. Responsible for the approval, adoption and resolution of the SSMP, Master Plan for Wastewater Collections, Improvement Standards & Specifications, Municipal Code, budgets and other documents directing and pertaining to the sewer system management.

City Manager. Oversees the Public Words Department through the Public Works Director/Engineer

• Page 8 Changed- (209) 827-7041 to (209 827-7052

Log of Audits and updates

February 16, 2012 - Audit (copy in Appendix D - Updates:

• Page 1 • Page 3 • Page 34

Changed - "acted at it's meeting" to "enacted" Population change - 2007 to 2010 & 35,211 to 36,525. Changed - 124 miles to 130 miles

February 21, 2013 - Audit (copy in Appendix I) - Updates:

• Appendix A Updated - Contact List • Appendix E Updated - Inserted the current collections system budget • Appendix H Updated - SSMP Monitoring Tracking Sheet - 2012 data • Page 3 Updated, - Population to: 36,546 as of September 2012 • Page 25 Added - . "Little or no change has occurred to date." • Page 18 Added - "The City distributes letters to Restaurants

outlining the required maintenance of grease removal devices. It covers maintenance, cleaning frequency, record keeping requirements and the right of inspection by the City. It also includes suggested pollution management practices and provides a cleaning record verification form.

• The City mails letters to restaurants, auto shops, and retail outlets concerning FOG, BMPs and storm runoff practices annually."

• Page 19 Added - To c: "The City distributes letters to restaurants, auto shops, & retail outlets concerning FOG and BMPs."

Changes and Updates 1 through 7 reviewed and approved by: Royal Lloyd, Wastewater Treatment Plant Supervisor Mark Fachin, Public Works Director/City Engineer

March 10,2014 - Audit (copy in Appendix I) - Updates:

• AppendixA • Appendix E • Appendix H • Page 3

• AppendixB

• Appendix B

• Appendix B

Updated -Updated -Updated -Updated, -

Updated -

Addition -

Updated -

Contact List Inserted the current collections system budget SSMP Monitoring Tracking Sheet - 2012 data Population to: As of May 2013 ... 37,017 & updated Collection system information "as of July 2013" Pages 8,9 & 10 of the Sanitary Sewer Overflow Response Plan changed to meet the amended SWRCB requirements Added the SWRCB Order No. WQ 2013-0058-EXEC Amendment as an appendix to the Sanitary Sewer Overflow Response Plan Added Phone number for Santa Barbara Sewer Lift Station alarm to page 20 of the Standard Operating Procedures for Sewer Pump Station Failure Manuel

43

'I'elephant

209-826-3531

DATE:

TO: CC:

FROM:

RE:

Law Offices of

WILLIAM A. VAUGHN

June 18,2014

525 J Street, Suite A Los Banos, C\ 93635

MEMORANDUM

Mayor and City Council City Manager

William A. Vaughn, City Attorney

F:lc~imile

209-826-2431

Adoption of By District Method of Election of City Council Members

Recommendation. It is recommended that the City Council approve Resolution __ A Resolution of the City Council of the City of Los Banos Specifying the Criteria to Guide the Preparation of Council Districts, For Submission of By-District Election Method to the Voters on The November 4,2014 Ballot

Background. On June 4, the Council adopted a resolution to begin the process for Submission of By-District Election Method to the Voters on the November 4,2014 Ballot.

Discussion. The City has retained an experienced redistricting/demographic consulting firm, National Demographics Corporation ("NDC") and experienced special legal counsel, Nielsen Merksamer Parrinello Gross & Leoni LLP to advise the City on the process of preparing a Council district plan for submission to the voters. The City's special counsel and demographic consultant will make presentations to the City Council and to the public regarding the demographic, legal, and policy considerations that govern the districting process. Following the presentation, staff recommends that the City Council receive public input regarding the appropriate criteria and then adopt criteria to guide the line-drawing process.

Fiscal Impact. There will be significant legal, experts, consultants, and processing costs associated with this process however, as of this writing those fiscal impacts cannot be accurately estimated.

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS SPECIFYING THE CRITERIA TO GUIDE THE PREPARATION OF COUNCIL DISTRICTS, FOR SUBMISSION OF BY-DISTRICT ELECTION METHOD TO THE VOTERS ON THE

NOVEMBER 4,2014 BALLOT

WHEREAS, the City of Los Banos ("City") currently elects each member of its City Council "at-large", i.e., by the registered voters of the entire City; and

WHEREAS, the City of Los Banos seeks to promote the full participation of all residents in electing members of the City Council; and

WHEREAS, it is important to ensure equal opportunity of all groups to participate in the electoral process to elect candidates that reflect community interests and to ensure full participation of all groups in local government to ensure a representative government that serves all; and

WHEREAS, it is the considered view of the City Council of the City of Los Banos that the public interest would be better served if by-district elections of its Council members were conducted in single-member districts, rather than in the current at-large system; and

WHEREAS, the City Council believes that "by-district" elections will provide for an enhanced opportunity for representation of all communities within the City on the City Council; and

WHEREAS, the City Council believes that "by-district" elections will enhance the ability for a greater number of candidates to run for seats on the Council by eliminating the costs associated with rulming for election City-wide; and

WHEREAS, on June 4, 2014, the City Council adopted Resolution No. 5584, initiating the process of preparing Council districts for submission to the voters of the City on November 4,2014, pursuant to Government Code § 34871; and

WHEREAS, Resolution No. 5584 also "authorize[ed] the City Manager to retain the professional services of special legal counsel, demographers, experts, and consultants necessary to assist the City in the process of submitting a ballot measure to the voters to adopt by-district method of election to be placed on the November 4, 2014 ballot"; and

WHEREAS, the City has retained an experienced redistricting/demographic consulting firm, National Demographics Corporation ("NDC"), based in Claremont, California, and experienced legal counsel to advise it on the process of preparing a Council district plan for submission to the voters; and

WHEREAS, on June 18, 2014, the Council and the public received a presentation from the City's legal counsel and NDC regarding the current demographics of the City under the 2010 Census and the procedures and legal and policy criteria governing redistricting; and

WHEREAS, following the presentations by the City'S legal counsel and demographic consultant, the Council received public comment regarding appropriate criteria to guide the establishment of Council district boundaries; and

WHEREAS, the Council has fully considered all of the public comments received; and

WHEREAS, the Council now wishes to adopt criteria to guide the establishment of Council districts consistent with legal requirements, including reasonably equal population and Section 2 of the federal Voting Rights Act, and which address other concerns and considerations important to the City;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos, California, as follows:

SECTION 1. The above recitals are true and correct.

SECTION 2. The City Council hereby adopts the criteria identified in Exhibit A to this Resolution as criteria to guide the establishment of Council districts for submission to the voters to adopt by-district method of election to be placed on the November 4, 2014 ballot.

SECTION 3. The City Manager is hereby authorized and directed to instruct the professional demographer to formulate one or more Council district plan scenarios based upon the criteria specified in Exhibit A for review by the public at future public hearings and for consideration by the City Council at future meetings.

SECTION 4. The City Manager shall consult with legal counsel to resolve any legal issues necessary to give effect to this Resolution.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on this __ day of 2014, by Council person , who moved its adoption, which motion was duly seconded by Council person , and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:


ATTEST:


EXHIBIT A

Specification of Criteria to Guide the Establishment of Council Districts

1. The boundaries of the Council districts shall be established so that the Council districts are equal in population as defined by law.

2. The boundaries of the Council districts shall not be gerrymandered in violation of the principles established by the United States Supreme Court in Shaw v. Reno, 509 U.S. 630 (1993), and its progeny.

3. The boundaries of the Council districts shall be established so that the Council districts do not result in a denial or abridgement of the right of any citizen to vote on account of race or color as provided in Section 2 of the federal Voting Rights Act.

4. The boundaries of the Council districts shall observe communities of interest including rural or urban populations, municipalities, social interests, agricultural, industrial or service industry interests, and the like, insofar as practicable.

5. The boundaries of the Council districts shall be compact, insofar as practicable.

6. The boundaries of the Council districts shall be created to contain cohesive, contiguous territory, insofar as practicable.

7. The boundaries of the Council districts may observe topography and geography, such as the existence of mountains, flat land, forest lands, man-made geographical features such as highways and canals, etc. as natural divisions between districts, insofar as practicable.

8. Unless otherwise required by law, the Council districts shall be created using whole census blocks.

9. The boundaries of the Council districts may seek to avoid the "pairing" of incumbents in the same Council districts, insofar as this does not conflict with the constitution and laws of the State of California and the United States, and insofar as feasible.

10. The boundaries of the Council districts shall comply with such other factors which become known during the redistricting process and are formally adopted by the City Council.

rosBanos Agenda Staff Report

TO:

FROM:

Mayor Villa Ita and Council Members

Sonya Willia~nance Director

DATE: June 18, 2014

SUBJECT: 2014-2015 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 2014-2015 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 of the City of Los Banos Setting the Tax Related Appropriation Limit in Compliance with Proposition 4 and Proposition 111 for Fiscal Year 2014-2015. This Resolution adopts for 2014-2015 FY: (a) the annual adjusting factors of California Per Capita Personal Income at 1.0072% and County Population at 1.0099%; and (b) the 2013-2014 FY Appropriation Limit of $66,526,157

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 2014-2015 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 $66,526,157 amount in taxes. The City is at 16% of the proposed limitation.

Reviewed by:

~"''"' COy M,"a,,,

Attachments:

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

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 PROPOSITION 111 FOR 2014-2015 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 18, 2014 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 1.0072% and County population at 1.0096% 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 $66,526,157 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 18th day of June 2014, 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:


Exhibit A

City of Los Banos

GANN APPROPRIATION LIMITATION Fiscal Year 2014-2015

Appropriation Limit Calculation:

Fiscal Year 2013-2014 Allowable Increase

CA per Capita Income Non-Res. Construction

City Population County Population

2014-2015 Tax Related Appropriation Limit

1.0072 N/A

1.0044 1.0096

$65,893,579

$66,526,157

City of Los Banos Tax Appropriation Limit - 10 Years FY

2014-2015 2013-2014 2012-2013 2011-2012 2010-2011 2009-2010 2008-2009 2007-2008 2006-2007 2005-2006 2004-2005

City Population 37,168 37,017 36,546 36,525 36,421 36,198 36,052 35,211 34,223 32,380 32,310

Limit $66,526,157 $65,893,579 $65,286,415 $62,570,841 $60,014,235 $60,990,076 $59,788,331 $55,725,912 $51,612,403 $47,233,828 $42,819,171

Public Notice:

Los Banos Enterprise Email Transmittal

One Page May 23, 2014

Notice is hereby given that the City Council of the City Los Banos will hold a public hearing for 2014-2015 City Budget and a public hearing for the 2014-2015 Appropriation Limitation as follows:

Date: June 18,2014 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.

Please publish Friday June 6, 2014

0" .. ~ .. z " '" DEPARTMENT OF"

O"\(.II"D1'l~"~ FIN A NeE _-::==-===-==,....,.,=-=-=:-=E:::O:::M:::U=N.::O=-,:G;::.-::B~"D:;W:;.:;N..,..J;R:;:.= • .,-::.G:.:D:..:V~E:::R:::N:.:D=R STATE: CAPITOL. ROOM 1 145. SACRAMENTO CA. gsa 1 4-4998 • WWW.DCF".CA.GDV

OF"F'ICE OF" THE DIR£;:CTOR

May 2014

Dear Fiscal Officer:

Subject: Price and Population Information

Appropriations Limit The California Revenue and Taxation Code, section 2227, mandates the Department of Finance (Finance) to transmit an estimate ofthe percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1,2014, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2014-15. 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 2014-15 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://ieginfo.legislature.ca.gov/faces/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 1,2014.

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.

MICHAEL COHEN Director By:

KEELY M. BOSLER Chief Deputy Director

Attachment

May 2014 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 governing 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 2014-15 appropriation limit is:

Per Capita Personal Income

Fiscal Year (FY)

Percentage change over prior year

2014-15 -0.23

B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2014-15 appropriation limit.

2014-15:

Per Capita Cost of Living Change = -0.23 percent Population Change = 0.95 percent

Per Capita Cost of Living converted to a ratio:

Population converted to a ratio:

Calculation offaclorfor FY 2014-15:

-0.23 + 100 = 0.9977 100

0.95 + 100 = 1.0095 100

0.9977 x 1.0095 = 1.0072

Fiscal Year 2014-15

Attachment B Annual Percent Change in Population Minus Exclusions'

January 1, 2013 to January 1, 2014 and Total Population, January 1, 2014

County

City

Merced

Atwater Dos Palos Gustine Livingston los Banos Merced Unincorporated

County Total

Percent Change 2013-2014

0.45 0.32 0.44 1.89 0.44 0.69 1.49

0.96

IQl!L Population Minus exclusions Population

1-1-13 1-1-14 1-1-2014

28,921 29,050 29,050 5,034 5,050 5,050 5,623 5,648 5,648

13,537 13,793 13,793 37,004 37,168 37,168 80,572 81,130 81,130 90,119 91,463 93,083

260,810 263,302 264,922

"ExcluSions include residents on federal military installations and group quarters residents in state mental institutions. state and federal correctional institutions and veteran homes.


TO:

FROM:

Mayor Villalta and Sity Council Members

Sonya William&nance Director

DATE: June 18, 2014

SUBJECT: Adoption of the 2014-2015 Fiscal Year (FY) Budget


Recommendation:

To complete the preparation of the City of Los Banos 2014-2015 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 2014-2015 FY.

2. Adopt a resolution by the City Council, which approves the 2014-2015 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 held a City Council Budget Study Session on May 27, 2014. The session reviewed the next year's Proposed Budget for the City. Adoption of this proposed Resolution completes the 2014-2015 FY Budget process and authorizes a July 1, 2014 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 2014-2015 FY this sets forth by fund the estimated revenues, transfers in and out, and the proposed expenditures.

o Exhibit B: Salary Schedule (Policy & Procedures Manual - Division 4) -presents the 2014-2015 FY employee classifications, positions authorized, and salary ranges for full time employees.

o Exhibit C: Personnel Benefits (Policy & Procedures Manual - Division 5) -presents the 2014-2015 FY Personnel Benefits for full time employees.

In Exhibit A, the Adopted Budget for 2014-2015 FY, it should be highlighted that:

o General Fund beginning balance is estimated at $6.9 million, ending at $6.7 million, utilizing estimated revenues of $10.6 million to pay for operational costs of $10.8 million.

o City-wide revenues are estimated at $38.4 million and City-wide expenditures are proposed at $36.4 million, with a City-wide estimated ending balance of $39.5 million.

o The major revenue factors include a 2% increase in property tax revenues and estimated sales tax to be a 2% increase from 2013-2014 FY.

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

In Exhibit B, the 2014-2015 FY Salary Schedule includes the following changes:

o City staffing consists of 141 full time employees, excluding Council. o Salary step increases were reinstated beginning January 1,2014 FY. o Salary Steps were renamed, Start through Step 5 is now Step 1 through

Step 6. o The Economic Development Director position was renamed Community

and Economic Development Director. o A Police Officer position previously unfunded will be funded to fill the need

for an additional School Resource Officer. o Administrative Assistant wages were increased by $100.00, to correctly

rank the position. o Part-time salaries under $9.00 were increased to $9.00 to meet new

minimum wage requirements. o The position of Office Manager, in the Public Works Department, will be

eliminated effective August 1, 2014 and replaced with an Admin Coordinator position.

Fiscal Impact:

The 2014-2015 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 2014-2015 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 2015-2016 FY.

The 2014-2015 FY Proposed Budget is available for review on the City's website www.losbanos.org and at City Hall.

Reviewed by:

Attachments: Resolution Public Notice Exhibit A - Summary of Fund Balance Exhibit B - Salary Schedule Exhibit C - Personnel Benefits

RESOLUTION NO. ___ _

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS ADOPTING THE 2014-2015 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 2014-2015 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 Session held May 27, 2014; and

WHEREAS, a Public Hearing was duly held on June 18, 2014 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 2014-2015 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 2014-2015 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 18th day of June 2014, 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:


Public Notice:

Los Banos Enterprise Email Transmittal

One Page May 23,2014

Notice is hereby given that the City Council of the City Los Banos will hold a public hearing for 2014-2015 City Budget and a public hearing for the 2014-2015 Appropriation Limitation as follows:

Date: June 18, 2014 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.

Please publish Friday June 6, 2014

EXHIBIT A

City of Los Banos Summary of Fund Balance

2014-2015

Estimated 2014·15 2014·15 2014·15 2014·15 Estimated Beginning Requested Transfer Requested Transfer Ending

Fund # Fund Balance Revenues In Expenditures Out Balance

100 General Fund 6,929,213 10,622,226 10,757,480 58,567 6,735,392

200 Movie Night 3,417 3,417 202 Admin City Hall Service Charge 82,041 1,470 83,511 204 Prevention Underage Drinking 8,175 500 2,000 6,675 207 RSTP Exchange 2,293,554 440,000 14,957 2,718,597 210 Plant a Tree 814 800 14 212 PEG Franchise 76,950 12,350 89,300 215 Gas Tax 700,957 922,778 1,094,144 529,591 225 SB 325 Transportation 88,918 88,338 580 229 Regional Transportation Impact Fees 25,085 25,085 230 Traffic Impact Fee 2,082,639 441,000 365,000 2,158,639 232 Storm Drain Fee 6,372 78,000 84,372 233 Larnoglia Traffic Impact 742,814 742,814 234 Meadowlands Traffic Impact 127,887 127,887 235 Asset Forfeiture 71,679 2,350 30,000 44,029 236 Police Public Safety Augmentation 1,148,855 1,175,327 1,221,035 1,103,147 237 SLESF COPS Program 100,000 32,074 132,074 238 Fire Public Safety Augmentation 691,736 1,172,325 1,086,567 777,494 240 JAG Edward Byrne Grant 12,268 12,268 241 JAG Edward Byrne Grant 243 Fire Capital Improvement 1,129,332 12,000 650,000 491,332 244 Community Center Fee 187,185 1,900 189,085 245 Police Capital Improvement 1,260,662 14,020 60,000 1,214,682 246 Traffic Safety 59,042 28,288 20,488 66,842 248 Home[and Security Grant 49,400 49,400 249 CMAQ Grant 229,815 14,957 244,732 40 250 Los Banos Park Deve[opment Fee (36,708) (36,708) 251 Mission Village North Dev Fee 67,895 67,895 252 Public Facilities 16,178 185 16,363 253 Regency Estates Park Dev Fee 134,731 134,731 255 Vineyard Park Dev Fee 15,671 15,671 256 Meadowland Park Dev Fee 179,641 179,641 257 Mission Village South Park Dev Fee 146,820 146,820 258 Villages @ Stonecreek Park Dev Fee 85,806 85,806 259 Orchard Terrace Park Dev Fee 5,385 5,385 262 CDBG Program Income Micro Ent. 79,3 [4 22,090 500 100,904 271 Ranchwood Estates AD #1 130,716 358,591 465,043 24,264 272 Cresthills AD #2 180,829 72,591 69,044 184,376 273 Los Banos Gardens AD #3 (91,698) 108,056 88,727 (72,369) 274 College Green Estates AD #4 142,393 101,882 115,499 128,776 275 Orchard Terrace AD #5 16,573 54,401 56,527 14,447 276 St. Francis Estates AD #6 42,009 25,668 33,763 33,914 277 Valley Meadows AD #7 (4,769) 13,482 9,56[ (848) 279 Jo·Un ManorlRancho De Amigos AD #9 (60,718) 116,654 92,690 (36,754) 280 LB Creek Shopping Center AD # 10 (7,699) 22,589 21,197 (6,307) 281 Meadowlands AD # 11 (312,273) 168,848 181,830 (325,255) 282 VeronalMission Estates AD #12 81,879 97,026 100,842 78,063

City of Los Banos Summary of Fund Balance

2014-2015

Estimated 2014·15 2014·15 2014·15 2014·15 Estimated Beginning Requested Transfer Requested Transfer Ending

Fund # Fund Balance Revenues In Expenditures Out Balance

283 Somerset Park AD # 13 14,136 23,041 23,161 14,016 284 Northgate @ Regency Park AD # 14 96,286 166,581 186,375 76,492 285 Magnolia Grove AD # 15 (40,331) 8,577 6,772 (38,526) 286 Senior Home Villages AD # 16 (10,271) 10,062 7,210 (7,419) 287 Stonecreek Villages AD #17 (216,258) 148,988 138,616 (205,886) 288 Rail Trail Corridor AD #18 (42,598) 108,343 80,770 (15,025) 289 Talbott Park Basin AD # 19 (29,158) 31,280 39,627 (37,505) 290 Police CFD 100 376,037 7,468 383,405 200 291 FireCFD 119 376,037 19,025 394,900 281 292 CDBG Program Income Housing Rehab 4 4 293 HOME Program Income Housing Rehab 51,036 51,036 294 NSP Program Income 91,425 64,250 64,250 91,425 295 Repair & Demolition 14,856 14,856 303 Traffic Mitigation 143,904 143,904 304 City Hall Impact Fee 398,279 6,275 404,554 306 Corporation Yard Impact Fee 135,095 2,775 135,000 2,870 308 Prop IB 369 369 324 Child Development Center (892,308) 41,500 24,388 (875,196) 501 Water 12,828,195 5,797,000 4,520,578 14,104,617 502 Wastewater 3,922,224 5,263,161 4,376,767 4,808,618 505 Airport 167,719 450,276 408,442 209,553 510 Solid Waste & Street Sweeping 2,648,595 6,616,100 6,592,856 2,671,839 60 I Fleet Maintenance 21,859 871,000 870,610 22,249 610 Information Technology 17,787 432,082 430,532 19,337 656 Retiree's Medical Health 160,292 1,076,531 1,075,756 161,067

38,010,658 38,347,976 73,524 36,809,564 73,524 39,549,070

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.


DIVISION 4 SALARY

Updated: /\priI2,,2D'14June 18, 2014

The purpose of this Division is to establish general provisions relating to salary and compensation for employee classifications in the City.

SEC.4002 GENERAL COMMENTS

A. MeriUPerformance 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 MeriUPerformance Increase. Employees are eligible for MeriUPerformance Increases only under the following conditions: a) the employee has fulfilled the necessary time requirements for advancement to a higher salary step or portion thereof, and b) the employee's overall job performance is considered, by the reviewing authority, to be satisfactory or higher. Merit'Performance I ncreases become effective at the beginning of the first pay period (1 st or 16th of the month) immediately follo'lving the date of approval.

For purposes of MeriUPerformance Increase effective dates, the rule will be as follows: If an employee is hired between the 1st and 16th of the month their anniversary date will be the 1st

, and if hired between the 16th and end of the month their anniversary date will be the 16th MeriUPerformance Increases become effective immediately following the date of approval and retroactive to the employee's anniversary date (1 st or 16th

).

B. 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.

C. 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 - Personnel Benefits of this Manual.

D. 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 City Council.

Salary 4-1

DIVISION 4 SALARY SCHEDULE

(Approved June ,2014)

SEC. 4003 REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS

.,' >iii',0· ;:;iJf~S8em!€lN,~igf~OM!Ni&tAAlrfGJN~fi£ "ft 'Jii·;;j;i~i;ig •• i;i;~;if~~. TOTAL POSITIONS AUTHORIZED (5)

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE S+AR+ S+eP4 STeP 2 S+epa S+EP-4 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5

City Manager (1 ) 10,937-14,013 * * • • * Human Resources Director (1 ) 6,904-8,847 • * • * • Assistant City ClerklHR Technician (1 ) • 3,894 4,089 4,293 4,508 4,733 HR Technician I (1 ) * 3,204 3,364 3,532 3,709 3,894

Admin Clerk (1) 1

Admin Clerk II • * 2,852 2,994 3,144 3,301 3,466 Admin Clerk I • • 2,346 .2,463 2,586 2,716 2,851

• Comment: Promotions to skill levels within the Admin Clerk job classifications are made by the Human Resources Director with concurrence of the City Manager.

1 Authorized but unfunded for fiscal year 2014/2015

STeP 5 STEP 6

* •

4,852 3,992

3,553 2,923

-~-, ~~t#~t~~~~$p-~T:!~N:~-~~i~1~~N-et=~~~if~~#II~fi!~r;ti;}t[; __ TOTAL POSITIONS AUTHORIZED (10)

EMPLOYEE CLASSIFICATION

Finance Director Accountant Accountant II Accountant I Accounts Payable Technician

Accounting Clerk Accounting Clerk II Accounting Clerk I

AUTHORIZED

(1 ) (3) * *

• *

RANGE

7,876-10,091

• *

*

* *

S+AR+ S+eP4 STEP 1 STEP 2

* *

4,778 5,017 3,894 4,089 3,204 3,364

2,852 2,994 2,346 2,463

S+€P-2 S+eP a S+EP-4 STEP-& STEP 3 STEP 4 STEP 5 STEP 6

* * • •

5,268 5,531 5,808 5,953 4,293 4,508 4,733 4,852 3,532 3,709 3,894 3,992

3,144 3,301 3,466 3,553 2,586 2,716 2,851 2,923

* Comment: Promotions to skill levels within the Accountant and Accounting Clerk job classifications are made by the Finance Director with concurrence of the City Manager. 2Five (5) positions authorized, with one (1) position unfunded for fiscal year 2014/2015

'(!;irt;i~iS80;Tl@NlG;~€-€JM:Mi1NliTWt&;E€:!1§t91\5Mf€lfI1!E§(!jms~llii~~~I~ TOTAL POSITIONS AUTHORIZED (3)

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE S+AR+ S+eP4 S+€P-2 STeP a S+EP-4 STeP 5 STEP 1 STEP 2 STEP 3 ~ STEP 5 STEP 6

Communitl!. & Economic Development Director (1) J 6,904-8,847 * * * • *

Planner (1 ) Associate Planner • • 4,778 5,017 5,268 5,531 5,808 Assistant Planner II * • 4,293 4,508 4,733 4,970 5,218 Assistant Planner I • * 3,894 4,089 4,293 4,508 4,733 Planning Technician (1 ) * 3,204 3,364 3,532 3,709 3,894

• Comment: Promotions to skill levels within the Planner job classifications are made by the Economic Development Director with concurrence of the City Manager. 3 Authorized but unfunded for fiscal year 2014/2015

*

5,953 5,349 4,852 3,992

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


Information Technology Director Information Technology Technician


Public Works Director/City Engineer Assistant Public Works Director Public Works Operations Manager Parks & Rec Operations Manager •• Office Manager Supervisor Water Quality Specialist Admin Coordinator Fleet Maintenance Coordinator Foreman Inspector I Administrative Assistant

Engineering Technician Recreation Coordinator II Maintenance Mechanic I Sweeper Operator I Environmental Control/Utilities Maintenanc Environmental Control Specialist III

Environmental Control Specialist II Environmental Control Specialist I Environmental Control Specialist TraineE Utilities Maintenance III Utilities Maintenance II

Utilities Maintenance I

Maintenance Maintenance Worker III Maintenance Worker II Maintenance Worker I Maintenance Worker Trainee

Admin Clerk Admin Clerk II Admin Clerk I

<"i""SEaTj0NiDi:;5INli0RMA1t40Niil16GH~0L0G¥ i~I:{ii)! liil ·i~;il;.~{). 'SI!

AUTHORIZED

(1 ) (2)

TOTAL POSITIONS AUTHORIZED (3)

RANGE S+AR+ S+El'4 STeP 2 STeP a STEiP-4 STeP §

STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6

6,904-8,847 '* * * * * * • 3,657 3,839 4,031 4,233 4,444 4,556

<'i.·.· ••.• 'I';?;il .. ~:;£iWs§cmIO.NlE.!,;;RkJBJ$IG~W0RKs~i.~~~i "~ ;~J:J:;Ci:;1Jl;.~i"1Jl;;i; TOTAL POSITIONS AUTHORIZED (501

AUTHORIZED

(1 ) (1 ) (1 ) (1 ) (1 ) (1 ) (1 )

111 (1 ) (4) (1 ) (1 )

(1 ) (1 ) (1 ) (2) (13)

• • • • • • •

• • • •

• •

RANGE mE.! STEP 2 STEP 3 STEP 4 STEP 5 STEP 6

10,853-13,906' • • • • • • • • • • •

• • • •

• • • •

• • • • • • •

• • • •

• •

7,396 5,635 5,265 4,778 4,228 4,228 4,047 4,047 4,047 3,854 d;-t44 3,244 3,204 2,969 2,715 2,715

3,544

3,106 2,959 2,817 3,331 3,028

2,715

3,331 3,028 2,715 2,185

2,852 2,346

7,766 5,916 5,529 5,016 4,440 4,440 4,249 4,249 4,249 4,047

~ 3,406 3,364 3,118 2,851 2,851

3,721

3,262 3,107 2,958 3,498 3,180

2,851

3,498 3,180 2,851 2,295

2,994 2,463

8,155 6,212 5,805 5,267 4,662 4,662 4,462 4,462 4,462 4,249

~ 3,577 3,532 3,274 2,994 2,994

3,907

3,425 3,262 3,106 3,673 3,339

2,994

3,673 3,339 2,994 2,409

3,144 2,586

8,562 6,523 6,095 5,531 4,895 4,895 4,685 4,685 4,685 4,462 3;e4G 3,755 3,709 3,437 3,144 3,144

4,102

3,596 3,425 3,261 3,857 3,506

3,144

3,857 3,506 3,144 2,530

3,301 2,716

8,990 9,215 6,849 7,020 6,400 6,560 5,807 5,952 5,139 5,268 5,139 5,268 4,919 5,042 4,919 5,042 4,919 5,042 4,685 4,802 ~ -3;94+ 3,943 4,042 3,894 3,992 3,609 3,700 3,301 3,383 3,301 3,383

4,307

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

3,301

4,415

3,870 3,686 3,510 4,151 3,773

3,383

4,049 4,151 3,681 3,773 3,301 3,383 2,656 2,723

3,466 3,553 2,851 2,923

• 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 2014/2015

.,., .... 0 (2) positions allthorized, with one (1) position IInfunded for fisGal year 201412015 •• This position will be eliminated August 1, 2014.

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

···,,<,·~t,.\6):[;;SgOIDj@l\Iif:k~~RI·R$i~'BI.il.I·LDltlGiJi!&;~it'i&tfMiJ;;khlii}fPi\)\· TOTAL POSITIONS AUTHORIZED (17)

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE START STEP 1 S+EP-2 STEP 3 STEP-4 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5

Fire Chief (1 ) 9,248-11,849 • • • • • Asst Fire Chief (1 ) • 7,113 7,469 7,842 8,234 8,646 Fire Captain (3) • 4,692 4,927 5,173 5,432 5,703 Fire Engineer (6) • 4,470 4,604 4,742 4,884 5,031 Fire Fighter (5) • 3,676 3,860 4,054 4,256 4,469

~ STEP 6

• 8,862 5,846 5,157 4,581

Administrative Assistant (1 ) • 3;444 ~ 3;400 3;e4G ~ .+,94+ 3.244 3.406 3.577 3.755 3.943

Y<!:!~0;' .;!;qt~~ !j;1,~q~'SE&ml®N1@\~1RQileEW$;f$M&j~~t;j#JiJ~~~~iJ;j#~~! TOTAL POSITIONS AUTHORIZED (62)

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE START ~ ~ ~ STEP 4 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5

Police Chief (1 ) 9,612-12,314 • • • • • Police Commander (2) • 7,333 7,700 8,085 8,489 8,913 Police Services Manager (1 ) • 5,542 5,819 6,110 6,416 6,736 Police Sergeant (7) • 5,605 5,886 6,180 6,489 6,814 Dispatch Supervisor (1) 6 • 4,261 4,474 4,698 4,933 5,179 Code Enforcement Officer (2) • 3,656 3,839 4,031 4,232 4,444 Dispatcher (9) • 3,426 3,596 3,776 3,965 4,163 Crime Analyst (1 ) • 3,144 3,301 3,466 3,640 3,822 Property Evidence IDechnician (1 ) • ~ ~ ~ ~ ¥OO

2,764 2,902 3,047 3,200 3,360

Community Services Officer (5) • 2,468 2,591 2,721 2,857 3,000 PubliC Safety Custodian (1 ) • 2,173 2,282 2,396 2,516 2,642 Police Officer (30) 7 B • 4,201 4,415 4,636 4,869 5,111 Police Trainee • • 2,173 2,282 2,396 2,516 2,642

Admin Clerk (1 ) Admin Clerk II • • 2,852 2,994 3,144 3,301 3,466 Admin Clerk I • • 2,346 2,463 2,586 2,716 2,851

6 Authorized but underfilling with a Dispatcher for fiscal year 2014/2015

7 Thirty (30) positions authorized, with!wGi21 one (11 position unfunded for fiscal year 2014/2015

8 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 De!2artment -- Hourl~ Sala~

EMPLOYE!; CLASSIFICATION STAR+ STEP 1 ~ STEP 3 STEP-4 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5

Maintenance Worker III 14.10 14.81 15.55 16.32 17.14 Admin Clerk 11.90 12.50 13.12 13.78 14.46 Recreation Clerk 11.67 12.25 12.87 13.51 14.18 Program Supervisor 10.80 11.34 11.91 12.50 13.13 Garage Aid 10.54 11.07 11.62 12.20 12.81 Maintenance Worker II 10.22 10.73 11.27 11.83 12.42 Recreation Assistant 84& 8,87 ~ 9,.78 ~

9.00 9.45 9.92 10.42 ~ Maintenance Worker I 8M 8.8a 947- 9,.74 ~

9.00 9.45 9.92 10.42 10.94 ReerealieA Aiee &.00 84G ~ 9,26 9,.72

4.042

~ STEP 6

• 9,136 6,905 6,984 5,309 4,555 4,267 3,917

-J,444 3,444

3,075 2,708

5,239 2,708

3,553 2,923

SEC. 4004 Continued - PART TIME & ELECTED EMPLOYEE CLASSIFICATIONS

Public Safety DeQartment -- Hourly Sala[Y EMPLOYEE CLASSIFICATION START STEP 1 STEP 2 S+EP3 STeP-4

STEP 1 STEP 2 STEP 3 STEP 4 meA Police Officer 21.00 22.05 23.15 24.31 25.53 Fire Fighter 15.11 15.87 16.66 17.49 18.37 Dispatcher 14.10 14.81 15.55 16.32 17.14 Admin Clerk ~ ~ 43A4 ~ 4449

11.90 12.50 13.12 13.78 14.46 Custodian 10.85 11.39 11.96 12.56 13.19 Community Services 10.54 11.07 11.62 12.20 12.81 Reseptisnist -WM 4-Ul-7 ~ ~ ~

City Hall Division -- Hourly Sala[Y EMPLOYEE CLASSIFICATION STAR+ S+EP4 ~ S+EP3 STeP-4

STEP 1 STEP 2 STEP 3 STEP 4 STEPS Account Clerk/Admin Clerk ~ ~ 43A4 ~ 4449

11.90 12.50 13.12 13.78 14.46 Custodian 10.85 11.39 11.96 12.56 13.19 Translator (Spanish) 9.93 * • * * Office Assistant 8m 8,47 &W 9,J4 9,8.1.

9.00 9.45 9.92 10.42 10.94 Volunteer Fire Degartment -- Monthly Sala[y EMPLOY!;E CLASSIFICATION Assistant Volunteer Fire Chief 67.50 monthly

Elected Officials -- Monthly Sala[y Mayor 400.00 monthly Council Members 300.00 monthly City Clerk 100.00 monthly City Treasurer 100.00 monthly


EXHIBIT C

DIVISION 5 PERSONNEL BENEFITS

DRAFT: May 27,2014

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 Benefrt 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 UNREPRESENTED 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.

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

DRAFT: May 27,2014

and welfare benefits. Benefits available through the Cafeteria Plan include, but are not limited to, medical, dental, vision, 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) plan, plus

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

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

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

2. Employees 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 calculated to cover the following:

• Employee only: One hundred percent (100%) of the premium for employee only coverage for the plan selected by the employee, up to 100% of the premium for employee only coverage in the Blue Shield Access (HMO) premium; minus the PEMHCA minimum employer contribution for health insurance; plus the premiums for enrollment in the City's life insurance (coverage up to $50,000), dental insurance and vision insurance plans, up to a maximum of eighty-five dollars ($85.00) per month.

• Employee plus one: Ninety percent (90%) of the premium for employee only coverage for the plan selected by the employee, up to 100% of the premium for employee only coverage in the Blue Shield Access (HMO) premium; minus the PEMHCA minimum employer contribution for health insurance; plus the premiums for enrollment in the City's life insurance (coverage up to $50,000), dental insurance and vision insurance plans, up to a maximum of eighty-five dollars ($85.00) per month.

Employee plus family: Eighty percent (80%) of the premium for employee only coverage for the plan selected by the employee, up to 100% of the premium for employee only coverage in the Blue Shield Access (HMO) premium; minus the PEMHCA minimum employer contribution for health insurance; plus the premiums for enrollment in the City's life insurance (coverage up to $50,000),


DRAFT: May 27,2014

dental insurance and vision insurance plans, up to a maximum of eighty-five dollars ($85.00) per month.so'.'eFa\ile as pFGviEioEi Bolo'll:

CalenEiar Yoar 2014

EFAployoo Only: $695.76 EFAployee pills One: $1,279.57 EFAployee pills FaFAily: $1,483.90

Tl=le 2Q14 safeteria plaR allevJanse S'-IFRS are sals'-Ilater:i te SS'ler tAO felle'Ning:

• EFAPle'.'ee eRI'r: 100% Bille Sl=IielEi Assess. (I=IMO) premillFA, FAinlls PEMI=ICA FAiniFAIlFA eFAployer soRtriBlltion, pills $85 towarEls tl=ls eost of life, Elental anEi 'Iision iRSIlFanse.

EleRtal anEi vision insllFanse.

• &mplevee plus family: SQo/c 811c18 SRield Assess. (I=IMO) f)reFRiblFA, minl:.Js PEMI=ICA FAiniFAIlFA eFAployer sontriBlltion, pills $85 towarEls tRs eest of life, €IeAlal anEi visieR inSI:lFaRS8.

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, of which part must be used to enroll in mandatory life insurance, dental insurance and vision insurance coverage.

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 Emolovees: Full-time, regular employees, hired before January 1, 2011 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


DRAFT: May 27,2014

the employer contribution to CaIPERS. The employee will be responsible to pay the employee contribution 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 share of the employer contribution to CaIPERS. The employee will be responsible to pay the employee contribution ef...7% to the CalPERS 2% @ 60 Plan.

Qualifying employees hired on or after January 1, 2013 and considered new members of CalPERS as defined by the Public Employee Pension Reform Act (PEPRA) will receive the 2% at age 62 retirement formula, and shall be subject to the provisions of PEPRA, including provisions governing reportable compensation.

2. Public Safety Employees: Full-time, regular employees, hired before January 1, 2011 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. The employee will be responsible to pay the employee contribution 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 share of the employer contribution to CaIPERS. The employee will be responsible to pay the employee contribution to the CalPERS 3% @ 55 Plan.

Qualifying employees hired on or after January 1, 2013 and considered new members of CalPERS as defined by the Public Employee Pension Reform Act. (PEPRA) will receive the 2.7% at age 57 retirement formula, and shall be subject to the provisions of PEPRA, including provisions governing reportable compensation.

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.

2. 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:


DRAFT: May 27.2014

a. From the date of retirement and until such time the retiree becomes eligible for Medicare, the City will contribute an amount equal to the health 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) or if the Blue Shield HMO is not offered in the area, rates are based on the lowest available plan offered by CaIPERS, less the City's minimum monthly employer contribution under PEMHCA.

b. Upon attaining Medicare eligibility, the City will contribute an amount 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) or if the Blue Shield HMO is not offered in the area, rates are based on the lowest available plan offered by CaIPERS, supplemental Medicare plan, offered by CaIPERS, less the amount of the City's minimum monthly employer contribution under PEMHCA.

c. Employees will not be entitled to City payments, 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.


DRAFT: May 27, 2014

E. Health Savings Plan: For Employees hired on or after July 1, 2008: 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. Participation is mandatory for all employees.

1. Participation is mandatory for all employees.

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.


DRAFT: May 27, 2014

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. Compensatory 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.


DRAFT: May 27, 2014

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 Disability Insurance: The City allows for participation in the State Disability Insurance (SDI) Program for those employee groups who desire such option. Payment of SDI premiums is the responsibility of participating employees. See City of Los Banos State Disability Income (SDI) 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 Pay/Water 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 WaterlWastewater Treatment; a) $50.00 per month for Grade II, and b) $25.00 per month for Grade I.

2. 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


DRAFT: May 27,2014

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

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. Notary 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.

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


DRAFT: May 27, 2014

Certain City Hall employees shall be entitled to receive the following compensation when they have been awarded a Certified Municipal Clerk (CMC) or Master Municipal Clerk (MMC) 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 1 st 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

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

Stacy Souza Elms, Assistant Planner II1£

June 18, 2014

SUBJECT: Second Reading and Adoption of Ordinance No. 1119 for the Design and Site Development Review Ordinance


Recommendation:

Staff recommends that the City Council:

• Receive presentation of the staff report;

• Open the public hearing and receive public testimony;

• Consider testimony presented at the public hearing, the information in the staff report, and the recommendation of the Planning Commission;

• Adopt Ordinance No. 1119 for the formation of a Planning Commission project study session to review and consider the architectural, landscaping, and the lighting elements of project proposals; to amend and revise the Site Plan Review procedure; to reorganize Article 23 of Title 9, Chapter 3 into six (6) parts; to repeal Sections within Title 9, Chapter 3 inconsistent with the revised Site Plan Review procedure.

Background:

The proposed Ordinance came before the Los Banos City Council at the June 4, 2014 public hearing at which time the City Council waived the first reading of Ordinance No. 1119 and introduced the Ordinance by title. The City Council at that meeting approved Alternative 3 for the formation of a Planning Commission project study session to review and consider the architectural, landscaping, and the lighting elements of project proposals, and to provide the applicant with feedback on the proposed design and site development during the preliminary stages of the site plan review process.

Discussion:

The proposed Ordinance provides for a Planning Commission project study session, at the request of the Applicant or upon referral from the Community Development Director or designee, to provide the applicant with feedback from the Planning Commission on the aesthetic aspects of the project. The Planning Commission project study session would be conducted early on in the design process, before the applicant becomes overly invested in a given design. The review would be done as a discussion between the Planning Commission and the applicant concerning the aesthetic aspects of the project proposal, and would not constitute a final decision by the Planning Commission concerning the proposed development.

The Planning Commission would review and consider the architectural, landscaping, and lighting elements of projects consistent with the City's General Plan, specific plans, Community Design Guidelines, and development standards set forth in the Municipal Code. The Commission would have the responsibility of evaluating architectural style and consistency, height, bulk, area, color of buildings, types of construction materials, physical and architectural relationships with structures, materials, boundary walls, fences, exterior elevations of all sides of a structure, methods used to screen mechanical equipment, landscape and site treatment, aesthetics of exterior lighting elements, and provide the applicant with feedback on the proposed design.

The significant provisions of the proposed Ordinance are outlined below:

• The projects that would be subject to design and site development review would be nonresidential buildings or structures that require a building permit including expansions and modifications of exterior design or fa9ade; residential buildings or structures requiring a building permit for five (5) units or more, except for projects consisting of individual custom built lots/homes; and for discretionary entitlements when design and site review is required for the approval of a subdivision, conditional use permit or other discretionary permit.

• The Project Review Board (PRB) is described in Chapter 2 of the Planning and Zoning Code as an advisory board to the Planning Commission consisting of the Community Development Director or designee, Public Works Director or designee, Fire Chief or designee, Police Chief or designee, and the Chief

Building Inspector or designee for the purpose of reviewing subdivision applications for conformance with the standards set forth in the Municipal Code and the City's Standards and Specifications. The proposed Design and Site Development Review Ordinance provides additional duties and responsibilities concerning technical site plan review. The Project Review Board will evaluate site plans including building layout, location, orientation, landscaping and irrigation, disabled persons access, fencing and screening, location and screening of trash enclosures, circulation, parking and loading facilities, lighting, public improvements, grading and drainage, fire hydrants, signage, and public safety concerns.

• In order to not unduly delay the approval process the Community Development Department would refer submittal applications to the Project Review Board for review and recommendation within 30 days of receipt of a complete application. After consideration, the Project Review Board would provide an advisory recommendation to the Planning Commission and recommend any conditions of approval where applicable. The recommendations would be included in the staff report to the Planning Commission on the project.

• The proposed Ordinance modifies the current generic findings of approval set forth in the Zoning Code and requires the Planning Commission to make the following findings before approving a site plan: 1. The proposed development is consistent with the General Plan, specific

plans, and Community Design Standards adopted by the City Council; 2. The design and location of the proposed development and its relationship to

existing or proposed development and traffic in the vicinity thereof is such that it will not impair the desirability of investment or occupation in the neighborhood; and that it will not unreasonably interfere with the use and enjoyment of existing or proposed development in the vicinity thereof, and that it will not create traffic hazards or congestions;

3. The design of the proposed development is in keeping with the character of the surrounding neighborhood is not detrimental to the harmonious, orderly, and attractive development contemplated by this ordinance and the general plan of the City;

4. The design of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures, and colors;

5. That the proposed use complies with all applicable requirements of the district in which it is located and all other applicable requirements;

6. The overall development of the subject property is designed to ensure the protection of the public health, safety, and general welfare.

• Site Plans would be effective after five (5) business days from the date from the approval date of the Planning Commission unless appealed to the City Council. A site plan would expire within 24 months after the effective date of approval, unless a building permit has been issued. When the applicant requests an

extension of a site plan review approval, not associated with a tentative tract map or parcel map an extension may be granted by the Community Development Director for a maximum period of (2) years after the date of expiration. When an applicant requests an extension of a site plan review approval, coupled with a tentative tract map or parcel map, The Planning Commission may grant an extension of time not to exceed the life of the map.

• The Ordinance reorganizes the Municipal Code into six parts and deletes or modifies various code sections which are inconsistent with the changes described above.

Environmental Assessment:

The proposed changes do not result in any direct or indirect physical impact that would lead to additional CEQA analysis.

Public Comment:

A public hearing notice was published in the Los Banos Enterprise on May 23, 2014. As of the date of this staff report, no comments have been received.

Fiscal Impact:

None


Attachments:

1. Ordinance No. 1119 2. Public Hearing Notice

ALTERNATIVE 3 - PLANNING COMMISSION STUDY SESSION

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF LOS BANOS AMENDING TITLE 9, CHAPTER 3 ARTICLE 23, OF THE LOS BANOS

MUNICIPAL CODE TO AMEND AND REVISE THE SITE PLAN REVIEW PROCEDURE;TO REORGANIZE ARTICLE 23 OF

TITLE 9, CHAPTER 3 INTO SIX PARTS; AND TO REPEAL SECTIONS WITHIN TITLE 9, CHAPTER 3 INCONSISTENT WITH THE REVISED

SITE PLAN REVIEW PROCEDURE

WHEREAS, The City Council directed the Community Development Department to prepare a proposed ordinance to provide for a more effective design and development review for development projects within the City of Los Banos including the formation of an Architectural Advisory Committee;

WHEREAS, the Planning Commission conducted a duly noticed public hearing on the proposed ordinance and recommended changes to the Zoning Code on April 9, 2014, April 23, 2014, and May 14, 2014 at which time all individuals desiring to comment on the proposed amendments were heard and on May 14, 2014 the Plarming Commission recommended that the City Council adopt the proposed ordinance amendment to Title 9, Chapter 3 Article 23 of the Los Banos Municipal Code;

WHEREAS, the City Council conducted a duly noticed public hearing on the recommended changes to the Zoning Code on , 2014 and , 2014 at which time all individuals desiring to comment on the proposed amendments were heard.

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

Note: "Existing Section" as referred to in this Ordinance shall mean the relevant section in existence prior to amendment or renumbering. "New Section" as referred to in this Ordinance shall mean the relevant section after amendment or renumbering.

Section 1. Existing Section 9-3.2308 is amended to read as follows:

Decisions of the Community Development Director, or designee or the Plarming Commission on an application for a discretionary permit shall become final and effective after an elapsed period of five (5) business days, excluding holidays, from which the act or determination was made, unless an appeal of the decision is filed pursuant to the appeals procedure provided in Part 6 of this Article 23.

Section 2. Existing Section 9-3.2322(b) is amended to read as follows:

(b) Required Findings for On-Sale and Off-Sale Alcoholic Beverages. A use permit is required for any establishment dispensing for sale or other consideration alcoholic beverages, including beer and wine, for on-sale or off-sale. Such use permit may be granted only upon a determination that the proposal conforms to the general use permit criteria set forth in subsection (a) of this Section and to all of the following use permit criteria.


(1) That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;

(2) That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds;

(3) That the proposal will not interfere with the movement of people along an important pedestrian street; and

(4) That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.

Section 3. Existing Sections 9-3.2318 through 9-3.2330 are renumbered to 9-3.2322 through 9-3.2334 respectively.

Section 4. Existing Sections 9-3.2315 through 9-3.2317 are repealed.

Section 5. New Sections 9-3.2315 through 9-3.2321 are added and titled as follows:

Sec. 9-3.2315 Site Plan Review: Purpose.

The provisions of this part are intended to establish a process by which certain types of development projects and structures are subject to a comprehensive discretionary review approval process before the City's Planning Commission; to ensure that projects conform to City development standards; to ensure that the site plan, building layout, size, shape, scale, mass, height, architectural design, architectural components, materials, colors, landscaping, on and off site parking and traffic circulation, and other aspects of the physical plan for the development project are compatible with neighboring developments, are adequate and appropriate for the site, and achieve the highest level of design that is feasible for the project; and to ensure that city services are adequate and available to the project. The City intends to use this process to improve the aesthetic character of the community, to preserve and enhance property values, protect adjacent properties from adverse impacts caused by development projects, to assist private and public developers to be more cognizant of public concerns for the aesthetics of projects, and to bring about a community that is livable, safe, functional and attractive.

Sec. 9-3.2316 Applicability: Projects SUbject To Site Plan Review.

(a) Nonresidential. All new nonresidential buildings or structures requiring a building permit, the expansion of any nonresidential buildings or structures requiring a building permit, or the modification of the exterior design or fa9ade of an existing nonresidential building or structure or element requiring a building permit shall be subject to site plan review in accordance with this Part 2.

(b) Residential. All new residential buildings or structures requiring a building permit for a new residential project of five (5) or more units or the addition to an existing project that would result in five (5) or more units shall be subject to site plan review in accordance with this Part 2. Exception: a new residential project consisting of solely individual owner custom built lots/homes.


(c) Discretionary Entitlement. When design and site review in accordance with this Part 2 is required as a condition of approval of a subdivision, conditional use permit, variance, or other discretionary entitlement.

(d) Consolidation of Application. Whenever feasible, the Planning Commission shall consider a site plan review application for a proposed development project in conjunction with any other applications for discretionary permits or other land use approvals for the same project.

Sec. 9-3.2317 Project Review Board.

In addition to other duties and responsibilities as specified by the provisions of Title 9, Chapter 2, Article 3 in this Code, the Project Review Board shall have the following duties and responsibilities:

(a) The Project Review Board shall review and consider the site plan design of project proposals in light of the City's general plan, any applicable specific plan, the adopted design review policies set forth in the City Community Design Standards, any applicable development standards set forth in this Code, and shall provide an advisory recommendation to the Planning Commission.

(b) The Project Review Board shall evaluate the following: site plan considerations, including: building layout, location, orientation, of all new and existing structures and the relationship to one another and surrounding properties; methods of landscape irrigation; location and design of facilities for physically disabled persons; location of fencing and other screening; location and screening of refuse facilities; traffic circulation on-site and off-site; pedestrian and bicycle circulation and safety; arrangement of off-street parking and loading facilities; location and intensity of all onsite lighting; and provision of municipal and public services including such items as curb cuts, curbs, gutters and sidewalks, sidewalk design, grading and drainage, location of fire hydrants; location and type of signage; location and design of facilities of public safety concern.

Sec. 9-3.2318 Planning Commission Project Study Session Review.

(a) The Planning Commission may conduct study sessions on the aesthetic aspects related to a proposed project, at the request of the Applicant or upon referral from the Community Development Director or designee. The purpose of the study session is to provide the applicant with feedback from the Planning Commission early on in the design process, before becoming overly invested in a given design. This review shall be in the nature of a discussion between the Planning Commission and the applicant concerning the aesthetic aspects of a project proposal, and shall not constitute a final decision by the Planning Commission concerning the proposed development.

(b) The Planning Commission shall review and consider the architectural, landscaping, and the lighting elements of project proposals in light of the City'S general plan, any applicable specific plan, the adopted design review policies set forth in the City Community Design Standards, any applicable development standards set forth in this Code, and shall provide the applicant with feedback on the proposed design.


(c) The Planning Commission shall evaluate the following: architectural considerations, including: architectural style and consistency, height, bulk, area, color of buildings, types of construction materials, physical and architectural relationships with existing and proposed structures; height; materials, and variations in boundary walls, fences, exterior elevations of all sides of the buildings or structures, and methods used to screen mechanical equipment from public view; landscape and site treatment, including: types of planting and vegetation, rock groupings, topography and location of landscaping areas; and aesthetics of exterior lighting elements, and shall provide the applicant with feedback on the proposed design.

Sec. 9-3.2319 Project Submittals.

(a) Application. Any person requiring design review approval shall submit an application on a fonn prepared by the Community Development Department. All infonnation specified on the form shall be provided by the applicant. An application fee shall be submitted at the time the application is submitted in an amount specified by the City's current fee resolution. If the applicant is not the property owner, the application shall contain the signature of the property owner or the duly authorized representative or agent of the property owner. The accuracy of all infonnation, maps and documents submitted on or with the application shall be the responsibility of the applicant. The applicant shall also submit any additional information required by the application or requested by City staff.

(b) Plans and Drawings to Be Submitted. In addition to meeting all of the other application requirements of this Code, projects subject to site plan review shall be required to have the following materials submitted to the Community Development Department:

(1) A site plan, drawn to scale, showing the parcel dimensions, proposed location, size and height of proposed and existing structures and other improvements including, where appropriate, driveways, fences and walls (their location, height and materials), landscaped areas, off-street parking and loading areas, pedestrian walks, signing, lighting, storage areas, loading spaces. The site plan shall indicate the locations of off-street parking areas, including entrances and exits, and the direction of traffic flow into and out of off-street parking areas. The site plan shall indicate street dedication and improvements.

(2) A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained on the site and showing confonnance to the City's shade canopy requirements; the location and design of landscaped areas and the varieties and sizes of plant materials to be planted therein; and other landscape features, including sprinkler and irrigation systems in compliance with the City's applicable landscaping codes and regulations.

(3) Architectural drawings or sketches, drawn to scale, including floor plans in sufficient detail to pennit computation of yard requirements and showing all elevations of the proposed structures as they will appear upon completion. All exterior surfacing colors and materials shall be specified.

(4) Accurate scale drawings of all signs indicating sign color, illumination, material, and SIze.

(5) Preliminary grading and drainage plans. (6) Other data as may be required by City staff to ensure that the intent and purposes of

this section are satisfied.

(c) Review and Recommendation. When deemed complete, the Community Development Department shall refer the application and submittals to the Project Review Board for review and recommendation. The Project Review Board shall consider the application within thirty (30)


days after it is deemed complete by the Community Development Department. After consideration the Proj ect Review Board shall issue an advisory recommendation to the Planning Commission and, where applicable, the recommended conditions which should be imposed on the project. The recommendations shall be included in the staff report to the Planning Commission on the project.

(d) Study Session. When deemed complete, the Community Development Department may refer the application and submittals to the Planning Commission for a Study Session to be placed on the Planning Commission Agenda within thirty (30) days after it is deemed complete by the Community Development Department.

Sec. 9-3.2320 Planning Commission Criteria for Approval.

(a) Findings. The Planning Commission shall approve a site plan if it makes all of the findings specified in these sections. In making the findings set forth herein the Planning Commission shall consider and evaluate those aspects of the project described in 9-23l7(b) and 9-2318( c). In approving a site plan, the Planning Commission may impose any reasonable conditions it deems appropriate. The Planning Commission shall make the following findings before approving a site plan:

(1) That the proposed development is consistent with the general plan, any specific plans, and any design standards adopted by the City Council;

(2) That the design and location of the proposed development and its relationship to existing or proposed developments and traffic in the vicinity thereof is such that it will not impair the desirability of investment or occupation in the neighborhood; and that it will not unreasonably interfere with the use and enjoyment of existing or proposed developments in the vicinity thereof, and that it will not create traffic hazards or congestion;

(3) That the design of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly, and attractive development contemplated by this ordinance and the general plan of the City;

(4) That the design of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures, and colors;

(5) That the proposed use complies with all applicable requirements of the zoning district in which it is located and all other applicable requirements; and

(6) That the overall development of the subject property is designed to ensure the protection of the public health, safety, and general welfare.

(b) Conditions. In approving a site plan review application, reasonable conditions may be imposed that are deemed necessary to implement the intent and purpose of the design and site development review procedure and to protect the public health, safety and general welfare.

(c) Conformity of Building Permit Plans to Site Plan Review Approval. Any application for a building permit subject to this section shall be reviewed by the Community Development Department for a determination as to whether such application conforms to the prior design and site development review approval by the Planning Commission. In order that such determination can be made, the building permit application shall incorporate the information and materials required by this section. No building permit shall be issued unless the Community Development Department determines that such pennit conforms to such design and site development review approval.


Sec. 9-3.2321 Effective Date and Expiration.

(a) Effective Date. A site plan approval shall become effective after an elapsed period of five (5) business days from the date of the decision by the Planning Commission unless an appeal of the decision is filed pursuant to the appeals procedure provided in Part 6 of this Article 23.

(b) Time Limit. A site plan review approval shall expire twenty-four months after the effective date of the approval, unless a building permit has been issued for the project. A site plan review approval shall expire upon expiration of a building permit which has been issued in accordance with this Chapter.

(c) Extensions. When an applicant desires an extension of a site plan review approval, and the approval is not coupled with a tentative tract map or parcel map, the provisions of Section 9-3.2311 shall apply. Notwithstanding the provisions of Section 9-3.2311, when an applicant desires to be granted an extension of a site plan review approval, and the approval is coupled with a tentative tract map or parcel map, the Planning Commission at its sole discretion may grant an extension of time not to exceed the life of the map including any extensions approved by the City or by state law. The application to file an extension for a site plan review approval must be filed on a form as provided by the City and must be completed and filed with the City prior to the expiration of said permit including any applicable processing fee.

Section 6. Article 23 is reorganized into Six Parts so that Existing Sections 9-3.2301 through 9-3.2314 shall become part of: Part 1. General Provisions; New Sections 9-3.2315 through 9-3.2321 shall become part of: Part 2. Site Plan Review; New Sections 9-3.2322 through 9-3.2324 shall become part of: Part 3. Administrative Permits; New Sections 9-3.2325 through 9-3.2326 shall become part of: Part 4. Use Permits; New Sections 9-3.2327 through 9-3.2329 shall become part of: Part 5. Variances; New Sections 9-3.2330 through 9-3.2334 shall become part of: Part 6. Appeals.

Section 7. Section 9-3.201 is amended to delete the definition of "Architectural Review Board".

Section 8. Sections 9-3.810; 9-3.1007; 9-3.1108; 9-3.1207; 9-3.1307; 9-3.1410; and 9-3.1509 are repealed.

Section 9. 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 10. 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 11. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

Introduced by Council Member and seconded by Council Member _____ on the __ day of _____ ,' 2014.

Passed on the day of _____ , 2014 by the following vote:

AYES: Council Members NOES: ABSENT:

APPROVED:


ATTEST:

Lucille 1. Mallonee, City Clerk

LOS Banos .--. ______ "" ___ .... ___ .,.._ ............ ___ ""_..:: __ ..... __ ..... ""~_ ............. _-m-~ ___ ... " ....

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT

Date: May 23, 2014

Regarding: Notice of Public Hearing

Proposal: Proposed Ordinance - Design and Site Development Review

NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider proposed ordinance to establish a process by which certain types of development projects and structures shall be subject to a comprehensive discretionary review approval process before the City's Planning Commission concerning site development and architecture review. The City intends to use this process to improve the aesthetic character of the community, to preserve and enhance property values, protect adjacent properties from adverse impacts caused by development projects, to assist private and public developers to be more cognizant of public concerns for the aesthetics of projects, and to bring about a community that is livable, safe, functional and attractive. The proposed ordinance will establish the duties and responsibilities in evaluating development projects in the City of Los Banos.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, June 4, 2014 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 Stacy Souza Elms, Assistant Planner II, at City Hall or at (209) 827-7000, Ext.133.

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, 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 II


TO: Mayor Villalta & Council Members

FROM:

DATE:

Stacy Souza Elms, Assistant Planner II ~

June 18, 2014

SUBJECT: Restaurant Playa Azul Conditional Use Permit #2014-07 for On-Sale Beer and Wine in Conjunction with a Type 41 Alcohol License


Recommendation:

That the City Council adopt a Resolution approving Conditional Use Permit #2014-07 for the use of a Type 41 alcohol license for the on-sale of beer and wine for Restaurant Playa Azul located at 2160 E. Pacheco Boulevard, Suite. A., more specifically identified as Assessor's Parcel Number: 428-160-032.

Procedural Background:

On May 28,2014, the Los Banos Planning Commission held a Public Hearing to review a request for a Conditional Use Permit for the on-sale of beer and wine for Restaurant Playa Azul located at 2160 E. Pacheco Boulevard, Suite A. At the Public Hearing, the Planning Commission considered the application including the report and presentation by staff and public comment and as the recommending body recommended approval of Conditional Use Permit #2014-07 to the Los Banos City Council.

Discussion:

The applicant, Leonardo Oliva, is requesting a Conditional Use Permit for the on-sale of beer and wine for an eating place in conjunction with a Type 41 alcohol license to permit the on-sale of beer and wine for Restaurant Playa Azul located at 2160 E. Pacheco Blvd., Ste. A. The applicant owns several existing restaurants in town (EI Grullense, Jal.) and is preparing to open a more formal sit-down restaurant with mariachi music.

The location of 2160 E. Pacheco Blvd. has been the home of several restaurants in the past few years. The location is most known for a dine-in Me-n-Ed's Pizzeria in 2008; however, this location has not been utilized as a restaurant since 2011. As a result of the project site being vacant for more than one (1) year, the use of alcohol is no longer grandfathered and a Conditional Use Permit is required from the City.

LOCATION AND ACCESS: The project site is located at 2160 E. Pacheco Boulevard, Suite A, more specifically identified as Assessor's Parcel Number: 428-160-032.

LAND USE:

Property Project site North South East West

Land Use Commercial Commercial Residential Commercial Commercial

H-C = Highway Commercial

ENVIRONMENTAL ASSESSMENT:

Zone H-C H-C H-C H-C H-C

General Plan C C C C C

C = Commercial

Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, it has been determined that this project is categorically exempt from the provisions of CEQA - Article 19, Section 15301. The applicant's request for the on-sale of beer and wine in conjunction with an eating place involves the permitting and licensing of an existing private structure and involves no expansion of the previous use of a restaurant at 2160 E. Pacheco Boulevard, Suite A.

USE PERMIT ANALYSIS

Code Requirements A use permit, pursuant to the Los Banos Municipal Code Section 9-3.2322, is required for any establishment dispensing for sale or other consideration alcoholic beverages, including beer and wine, for on-sale or off-sale. A use permit may be granted if the proposal is conforming to the following criteria:

General Use Permit Criteria:

1. That the proposed use and project is consistent with the City of Los Banos General Plan, and Los Banos Municipal Code;

2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use;

3. That the proposed use is compatible with the adjacent uses, properties and neighborhoods and will not be detrimental or injurious to property and improvement in the neighborhood or to the general welfare of the City.

Specific On-Sale and Off-Sale Alcoholic Beverages Criteria:

1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;

2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds;

3. That the proposal will not interfere with the movement of people along an important pedestrian street; and

4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00pm and 7:00am.

Staff has evaluated the proposal pursuant to the above criteria set forth in the Municipal Code and offers the following observations.

The project will not contribute to the proliferation of alcohol in the area or cause an increase in crime in that the proposed use will be ancillary to the property which is primarily a restaurant and will be used as an accessory to food.

The proposal is not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds. The proposed use is not in close proximity to any of these uses and the operational characteristics of the restaurant will not create problems for the surrounding uses.

The proposal will not have an affect with the movement of people in that there will be no off-site or public consumption of alcohol pursuant to ABC regulations.

All sales will be conducted within the premises and in conjunction with food. The closest residence is more than 100 feet from the entrance of the building. In addition, the project will be subject to conditions which will mitigate any adverse affects on the surrounding neighborhood.

Alcoholic Beverage Control The Alcoholic Beverage Control Board (ABC) is the issuing authority for a Type 41 alcohol license. The City's authority for the sale of alcohol is through its land use powers embodied within the Los Banos Zoning Code.

ABC has the authority according to Section 23801 of the Business and Professions Code to exercise certain conditions under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and morals, including, but not limited to, the following:

a) Restrictions as to hours of sale.

b) Display of signs.

c) Employment of designated persons.

d) Types and strengths of alcoholic beverages to be served where such types or

strengths are otherwise limited by law.

e) The portion of the privileges to be exercised under the license.

f) The personal conduct of the licensee.

ABC may also refuse to issue a license to any person who has violated the Alcoholic Beverage Control Act, has a disqualifying criminal record, or is otherwise disqualified.

Census Tract The project site is located in census tract 23.02.

,

o' il , ~ 22.02

As of the date of this report there are two (2) on-sale licenses currently in use in this specific census tract. According to Section 23817.5 of the Business and Professions Code there are no limitations to how many "on sale" beer and wine licenses may be issued in a census tract. Limitations are only specified for "off-sale" of beer and wine and "off-sale" general licenses.

License Business Name Type1

47 Espanas Southwest Bar & Grill 47 Chillis Grill & Bar 41 LB Steakhouse (Pending with ABC)

Type 41 license = On-sale beer and wine Type 47 license = On-sale general alcohol

PUBLIC COMMENT:

Premises Address

1460 E. Pacheco Blvd. 1905 E. Pacheco Blvd. 1639 E. Pacheco Blvd.

A public hearing notice was published in the Los Banos Enterprise and notices were provided to adjacent property owners within a 300 foot radius of the subject property on June 6, 2014. As of the date of this staff report, no comments have been received.

I California Department of Alcoholic Beverage Control htrp:llwww.abc.ca.gov/datport!AHCityRep.asp

Fiscal Impact:

None

Reviewed by:

Attachments:

1. Resolution Exhibit A Exhibit B Exhibit C

2. Floor Plan 3. Site Photos

CEQA Findings Project Findings Conditions of Approval

4. Public Hearing Notice

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS APPROVING CONDITIONAL USE PERMIT #2014-07 FOR THE ON-SALE OF BEER AND WINE FOR RESTAURANT PLAYA AZUL LOCATED AT 2160 E. PACHECO BOULEVARD, SUITE A, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER: 428-160-032

WHEREAS, the applicant, Leonardo Oliva, has requested that the City of Los Banos consider a Conditional Use Permit to allow the use of a Type 41 alcohol license for the on-sale of beer and wine in conjunction with an eating place for Restaurant Playa Azul located at 2160 E. Pacheco Boulevard, Suite A, more specifically identified as Assessor's Parcel Number: 428-160-032; and

WHEREAS, a public hearing notice was published in the Los Banos Enterprise on June 6, 2014 and notices were mailed to property owners within a 300 foot radius of the project site as required by the Los Banos Municipal Code and Government Code Section 65091; and

WHEREAS, it has been found that the proposal will not contribute to the undue proliferation of crime, loitering or create traffic problems or capacity issues; and

WHEREAS, it has been found that the proposal will not adversely affect churches, schools or public areas; and

WHEREAS, it has been found that the proposal will not interfere with the movement of people along an important pedestrian street; and

WHEREAS, the use is located in a commercial shopping center and will be operated so as to avoid disruption of residents sleep; and

WHEREAS, the Los Banos Planning Commission held a Public Hearing on May 28, 2014 for the purpose of considering Conditional Use Permit #2014-07 and at the completion of the Public Hearing, duly considered the evidence presented and recommended approval of Conditional Use Permit #2014-07 to the Los Banos City Council; and

WHEREAS, the Los Banos City Council has held a Public Hearing, reviewed said Conditional Use Permit request and staff report, has studied the compatibility of the applicant's request with adjacent land uses and has considered this request in

accordance with the Conditional Use Permit criteria established in Section 9-3.2322 of the Los Banos Municipal Code; and

WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2014-07 for Restaurant Playa Azul was determined to be categorically exempt from the provisions of CEQA per Article 19, Section 15301 as the project site is an existing facility; and

BASED UPON THE EVIDENCE PRESENTED AT THE PUBLIC HEARING, the City Council of the City of Los Banos hereby makes the appropriate findings set forth in Exhibit A (California Environmental Quality Act (CEQA) Findings), and Exhibit B (Findings for Approval), attached hereto and incorporated herein by this reference.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve Conditional Use Permit #2014-07 to allow the on-sale of beer and wine for an eating place in conjunction with an Alcoholic Beverage Control (ABC) License, Type 41, on-sale beer and wine for Restaurant Playa Azul located at 2160 E. Pacheco Boulevard, Suite A, more specifically identified as Assessor's Parcel Number: 428-160-032, subject to the Conditions of Approval set forth in Exhibit C, attached hereto and incorporated herein by this reference.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of June 2014, 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:


ATIEST:


2

EXHIBIT A

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS CONDITIONAL USE PERMIT #2014-07 - RESTAURANT PLAYA AZUL

Pursuant to the requirements of California Public Resources Code Section 21000 et seq. ("CEQA") and Title 14, California Code of Regulations Section 15000 et seq. (the "CEQA Guidelines"), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.

The City of Los Banos City Council hereby finds as follows:

1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2014-07 was evaluated and determined to be categorically exempt per Article 19, Section 15301 as the request for the on-sale of beer and wine in conjunction with an eating place involves the permitting and licensing of an existing private structure and involves no expansion of the previous use of a restaurant located at 2160 E. Pacheco Blvd., Ste. A.

2. Conditional Use Permit #2014-07 was adequately noticed on June 6, 2014 for consideration at a public meeting on June 18, 2014.

3. No further environmental documentation is required as the Conditional Use Permit was contemplated and adequately analyzed in the initial review.

4. Prior to considering the proposed Project, the City Council considered the Categorical Exemption.

EXHIBIT B

FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT #2014·07 -RESTAURANT PLAYA AZUL

A. General Findings

1. That the proposed use and project is consistent with the City of Los Banos General Plan, and the Los Banos Municipal Code. Evidence: The site is designated Commercial and zoned Highway Commercial. Commercial uses include restaurant establishments which permit on·sale alcohol.

2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use. Evidence: As reflected in the application and conditions of approval, the proposed use will be conducted within a commercial establishment and will not result in significant operational changes to the existing commercial area.

3. That the proposed use is compatible with the adjacent uses, properties, and neighborhoods and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. Evidence: The proposed use will be in conjunction with an eating place and will be ancillary to the primary use of the business.

B. Specific Findings

1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity. Evidence: The project site has had the use of alcohol sales in the past which did not alter the area's function and character. As reflected in the staff report, the number of on-sale licenses in the Census Tract is currently two (2) with one (1) pending and the addition of one more license will not contribute to the proliferation of alcohol sales as the on-sale of beer and wine will be in conjunction with food.

2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds. Evidence: The Planning

Commission considered the surrounding area and nearby uses and determined that there was no evidence of adverse impacts to adjacent or nearby churches, temples, or synagogues, nearby parks, recreation centers or playgrounds.

3. That the proposal will not interfere with the movement of people along an important pedestrian street. Evidence: Consumption of alcohol will only be allowed inside the premises and the use will be regulated by City, State and Federal regulations.

4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m. Evidence: The regulated use involves the sale of alcohol. All of these sales will be conducted within the interior of the building, and consumption of alcohol is not allowed outside of the premises per the conditions of approval and city ordinance. The nearest residential window is located at least 100 feet away from the front entrance to the restaurant. Based upon these considerations the Planning Commission finds that there is no evidence that the use will cause disruption of sleep.

EXHIBITC

CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #2014-07-RESTAURANT PLAYA AZUL

Planning:

1. Conditional Use Permit 2014-07 is for Restaurant Playa Azul located at 2160 E. Pacheco Boulevard, Suite A; more specifically identified as Assessor's Parcel Number: 428-160-032 and the requested use shall expire after one (1) year from date of approval by the Los Banos City Council unless implemented. The City for cause may revoke this Conditional Use Permit.

2. The applicant/operator shall comply with all other requirements, laws and policies of other governmental agencies in the conduct and operation of said business.

3. The applicant/operator shall obtain and maintain an active Type 41 "On-Sale Beer and Wine Eating Place" license as defined by the Department of Alcoholic Beverage Control and shall provide a copy of said license upon issuance by the Alcoholic Beverage Control to the Community Development Department prior to the sale of alcohol on the premises.

4. A copy of these Conditions of Approval and the California Department of Alcoholic Beverage Control license are required to be kept on the premises and presented to any law enforcement officer or authorized City official upon request.

5. The applicant/operator shall be responsible for maintaining the property free of litter at all times in the parking lot area and the areas adjacent to the premises over which they have control.

6. The Planning Commission shall have the right to review and/or revoke this permit should the applicant not adhere to the Conditions of Approval. The City may amend or impose new conditions to mitigate adverse affects in the neighborhood resulting from the use of alcohol on the premises.

7. The applicant/operator agrees to indemnify, hold harmless, and defend the City of Los Banos, its officers, agents and employees from any and all liability or claims that may be brought against the City of Los Banos arising out of its approval of this permit, or the environmental determination rendered in connection with the permit approval, or arising out of the operation of the use or uses allowed under the

permit, save and except that caused solely by the City's active negligence.

8. The exterior of the premises, including adjacent public sidewalks and the parking lot areas, shall be illuminated during all hours of darkness when the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel.

9. The premises shall be operated primarily as an eating place (restaurant) as described in the application prepared by the applicant and filed with the Community Development Department. Any substantial or significant changes in use or operation of the premises from the Operational Statement may cause a review, amendment or revocation of the Use Permit.

10. The use of the premises of the subject site shall be consistent with the Conditions of Approval and shall not be operated in a manner that deviates from the approved Conditional Use Permit filed application and operational statement, which shall constitute a violation and may result in the revocation or modification of the permit upon written notice to the owner of the subject site.

11.Authorization of a Conditional Use Permit granted pursuant to the provisions of Section 9-3.2322 of the Los Banos Municipal Code shall run with the land and shall continue to be valid upon change of ownership of the site or structure which was the subject of the Conditional Use Permit application provided the use shall be subject to all provisions of the Municipal Code and all conditions placed on approval of the Conditional Use Permit are continually met.

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J

LOS Banos COMMUNITY AND ECONOMIC DEVELOPMENT

DEPARTMENT

Date: June 6, 2014

Regarding: Notice of Public Hearing

Proposal: Conditional Use Permit #2014-07 - Type 41 Alcohol License

NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider a Conditional Use Permit to allow the use of a Type 41 Alcohol License for the on-sale of beer and wine in conjunction with an eating establishment. The requested Conditional Use Permit is for Restaurant Playa Azul located at 2160 E. Pacheco Blvd., Ste. A, more specifically described as Assessor's Parcel Number: 428-160-032.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, June 18, 2014 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 Stacy Souza Elms, Assistant Planner II at City Hall or at (209) 827-7000, Ext. 133.

Persons wishing to provide oral comments on the proposed project 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. Please be advised 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.

THE CITY OF LOS BANOS

Stacy Souza Elms Assistant Planner II

LOS Banos TO:

FROM:

Mayor & City Council Members

Lucy Mallonee, MMC J2.k'" City Clerk/Human Resources Director

DATE: June 18, 2014

SUBJECT: Designation of Voting Delegate and Alternates for 2014 League of California Cities (LCC) Annual Conference

TYPE OF REPORT: Agenda Item

Recommendation:

That the City Council designate the Mayor as the voting delegate and two (2) Council Members as alternate voting delegates.

Discussion:

League of California Cities (LCC) procedures require the City Council to designate the voting delegate and alternate(s) for the LCC Annual Conference being held in Los Angeles, September 3-5, 2014. The following are registered to attend the conference: Mayor Villalta, Council Member Silveira, Council Member Lewis, City Manager Carrigan, City Attorney Vaughn, and Finance Director Williams.

For additional information, attached is a memorandum from the LCC.

Reviewed by:

:zi;g~, Attachment:

LCC Memorandum

1400 K STREET SACRA!v!ENTO, CA 95814 mc(916) 658-8200

>xc (916) 658-8240

May 1, 2014

Council Action Advised by July 31, 2014

TO: Mayors, City Managers and City Clerks

I LEAGUE® '--- OF CALIFORNIA

CITIES ,,,'/'\\"J:: .CACITIES.OHG

RECEIVED

MAY 07 2014

CITY OF LOS BANOS

RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference - September 3 - 5, Los Angeles

The League's 2014 Annual Conference is scheduled for September 3 - 5 in Los Angeles. An important part of the Annual Conference is the Annual Business Meeting (at the General Assembly), scheduled for noon on Friday, September 5, at the Los Angeles Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy.

In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity.

Please complete the attached Voting Delegate form and return it to the League's office no later than Friday, August 15, 2014. This will allow us time to establish voting delegate/alternate records prior to the conference.

Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting.

• Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken. or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

• Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference, please go to our website: www.cacities.org. In order to cast a vote, at least one voter must be present at the

-over-

<!'~63G-M

Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This wi\l enable them to receive the special sticker on their name badges that wi\l admit them into the voting area during the Business Meeting.

• . T~~ll.s'ferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only b.etween the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card

". to another. city official.

• Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area willbe limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.

The Voting Delegate Desk, located in the conference registration area of the Los Angeles Convention Center, will be open at the following times: Wednesday, Septernber 3,9:00 a.m.-5:30 p.m.; Thursday, September 4,7:00 a.m. - 4:00 p.m.; and Friday, September 5,7:30-10:00 a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but wi\l be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Friday, August 15. If you have questions, please call Karen Durham at (916) 658-8262.

Attachments: • 2014 Annual Conference Voting Procedures • Voting Delegate/Alternate Form

Annual Conference Voting Procedures 2014 Annual Conference

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy.

2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Con1mittee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.

6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on theirname badge identifYing them as a voting delegate or alternate.

7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.

I CITY, _________ _

2014 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM

Please complete this form and return it to the League office by Friday, August 15, 2014. Forms not sent by this deadline may be SUbmitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.

1. VOTING DELEGATE

Name: --------------------Title: ____________ _

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE

Name: -------------------- Name: ---------------------Title: ___________ _ Title: ________________ __

PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES.

QB

ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ___________________ E-mIDI ___________ ~ __________ ___

Mayor or City Clerk ________________________ Phone: ________________ __ (circle one) (signature) Date: ________________ __

Please complete and return by Friday, August 15, 2014

League of California Cities ATTN: Karen Durham 1400 K Street, 4th Floor Sacramento, CA 95814

FAX: (916) 658-8220 E-mail: [email protected] (916) 658-8262

I

TO:

FROM:

DATE:


Mayor & City Council Members

Steve Carrigan, City Manago/'

June 18, 2014

SUBJECT: Discussion Regarding Regional Transportation Impact Fee (RTIF)

TYPE OF REPORT: Agenda Item

Recommendation:

Staff is not prepared to present this item and is requesting that this item be continued to the July 16, 2014 City Council Meeting.

Discussion:

At the May 21, 2014 City Council Meeting, the Council voted to place an item on the June 18, 2014 agenda to have a discussion regarding Merced County Association of Governments (MCAG) Resolution No. 2011/05-05-01 and the City's Participation in the Regional Transportation Impact Fee (RTIF) and removing Residential from RTIF and keeping the Funds in Los Banos.

LOS Banos · 2014-06-13 · LOS Banos www,losbanos.org AGENDA CITY COUNCIL MEETING CITY HALL...

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