AGENDA - Los Banos, California · 2014-04-24 · D. Scott Silveira E. Mayor Mike Villalta 16. ADJOURNMENT. A. Adjourn to 4:30 p.m., Tuesday, May 3, 2011 to Participate in a Community

1.

www.losbanos.org

AGENDA

JOINT CITY COUNCIL AND

REDEVELOPMENT AGENCY MEETING

CITY HALL COUNCIL CHAMBERS 520 J Street

Los Banos, California

APRIL 20, 2011

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

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

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

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

t·····························,······················· ............................... , ................................................................................................................................... , ....... , ............... , ....................................... .. , Any writings or documents provided to a majority of the City Council / Redevelopment Agency regarding any item on this agenda will be made available for public inspection at the meeting

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

on the City's website atwww.losbanos.ora. * * * * * * * ** * * * * * * *

Cualquier escritura 0 los documentos proporcionaron a una mayorfa del Ayuntamiento / Agencia de Reurbanizaci6ncon respecto a cualquier artfculo en este orden del dfa sera hecho disponible para la

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

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

CALL TO ORDER. 7:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL:

Faria _, Silveira_, Sousa _, Stone _, Villalta _

4. CONSIDERATION OF APPROVAL OF AGENDA.

Los Banos City Council / Redevelopment Agency Agenda - April 20, 2011 Page 10f4

-" . -" . -" .

5. PRESENTATION - PROCLAMATION RECOGNIZING THE VOLUNTEERS INTERACTING TO ADVANCE LAW ENFORCEMENT (VITAL) VOLUNTEERS.

6. PRESENTATION BY MERCED COUNTY ON THE 2011 REDISTRICTING PROJECT.

7. PUBLIC FORUM. (Members of the public may address the City Council / Redevelopment Agency Members on any item of public interest that is within the jurisdiction of the City Council/ Redevelopment Agency; includes agenda and nonagenda 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.)

8. 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 / Redevelopment Agency Member.)

A. Check Register for #128083 - #128316 in the Amount of $539,021.72.

Recommendation: Approve the check register as submitted.

B. Minutes for the March 2, 2011 City Council/ Redevelopment Agency Meeting.

Recommendation: Approve the minutes as submitted.

C. City Council Resolution No. 5313 - Authorizing the Public Works Director/City Engineer to Sign Program Supplemental Agreement and Related Documents for the Safe Routes to School Grant.

Recommendation: Adopt the resolution as submitted.

D. City Council Resolution No. 5314 - Approving a Memorandum of Understanding (MOU) By and Between the City of Los Banos and the Los Banos Fire Fighters Association (LBFFA).


E. City Council Resolution No. 5315 - Amending Division 4, Salary Schedule -Employee Classifications Relating to Changes to Section C - Planning.


F. City Council Resolution No. 5316 - Approving the Purchase of a Home Located at 2121 Park Crest Drive with Neighborhood Stabilization Program (NSP) Funding.


Los Banos City Council / Redevelopment Agency Agenda - April 20, 2011 Page 20f4

,.-.... ~ ...

9. 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 or Redevelopment Agency at, or prior to, the public hearing.)

A. Public Hearing - To Receive Public Comment and Consideration of Minor Revisions to the Recently Adopted Zoning Ordinance Update for the City of Los Banos.

1) Ordinance No. 1097 - Adopting Minor Revisions to the Recently Adopted Comprehensive Zoning Ordinance Update Amending Title 9, Chapter 3 of the Los Banos Municipal Code.

(Second Reading & Adoption)

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

10. PLACE ROAD AND SAN LUIS STREET STORM DRAIN AND DETENTION BASIN UPDATE.

Recommendation: Informational item only, no action to be taken.

11. COUNCIL MEMBER AGENDA REQUESTS. (To see if there is a majority consensus to have staff expend time on the issue and to hear it at a future meeting.)

A. Request from Council Member Sousa to Have the City Council Present Proclamations to the Following Individuals: Norm Donovan, Erasmo Viveros, and Mario Gonzales for Their Service and Participation in their Respective Commissions.

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

12. REDEVELOPMENT AGENCY UPDATE.

13. ADVISEMENT OF PUBLIC NOTICES. (No Report)

14. CITY MANAGER I EXECUTIVE DIRECTOR REPORT.

15. CITY COUNCIL I REDEVELOPMENT AGENCY MEMBER REPORTS.

A. Joe Sousa

B. Elizabeth Stone

C. Tom Faria

Los Banos City Council! Redevelopment Agency Agenda - April 20, 2011 Page 3 of4

D. Scott Silveira

E. Mayor Mike Villalta

16. ADJOURNMENT.

A. Adjourn to 4:30 p.m., Tuesday, May 3, 2011 to Participate in a Community Bus Tour with City Council/Redevelopment Agency & Planning Commission, Beginning at City Hall, 520 J Street, Los Banos, California

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 riot less than 72 hours prior to the meeting.

Lt'.Au~ Lucille L. Mallonee, City Clerk Dated this 15th day of April 2011

Los Banos City Council / Redevelopment Agency Agenda - April 20, 2011 Page 4 of4

, y\t the qrb~~1foad~ o/isazij01)nia\ 1

R£~~~tl+t:tM~j

, ~H~e:-1di since il:he iJqeptionorth;i '\{(f-~Lf . 2~g:l2G.$'ho(;Cfs,oT~ewice to the c:£ty .of PJS "Brrt10s/: rrM/d;

Page 1 of 1

lucy mallonee

From: Master, Web [[email protected]]

Sent: Thursday, April 14, 2011 4:23 PM

To: Master, Web

Subject: Introduction of the 2011 Redistricting Project to the City Councils & MAC's

Representatives from the County of Merced will begin attending local City Councils and Municipal Advisory Councils (MAC's) to provide information on the 2011 Redistricting Project. California Elections Code Section 21500 requires counties to redistrict after each federal census. While the population of Merced County increased by 21.5% under the 2010 census, the population growth has not been uniform throughout the County. Redistricting is a process in which the supervisorial district boundaries are adjusted in compliance with applicable state and federal law. [Click here to read more]

Representantes del Condado de Merced asistiran a Ayuntamientos y Consejos Municipales (MAC's) locales para proporcionar informaci6n sobre el Proyecto de la Nueva Divisi6n Territorial del 2011. EI articulo 21500 del C6digo de Elecciones de California requiere de los condados una nueva divisi6n territorial despues de cada censo federal. Mientras que la poblaci6n del Condado de Merced aumento por ,un 21.5% de acuerdo con el censo del 2010, el aumento en la poblaci6n no ha sido uniforme en todo el Condado. La Nueva Divisi6n Territorial es un proceso en el cuallos ifmites del distrito administrativo son ajustados en conformidad con las leyes procedentes delfuero comlin y federal. [Haga elic aqui para leer mas]

4/15/2011

Ii

MEIJ..CEOk COUNTY

FOR IMMEDIATE RELEASE

CONTACT: Amber Phillips (209) 385-7500

Larry T. Combs County Executive Officer

2222 "M" Street Merced, CA 95340 (209) 385·7637 (209) 385·7375 Fax www.co.merced.ca.us

Equal Opportunity Employer

April 14, 2011

INTRODUCTION OF THE 201 1 REDISTRICTING PROJECT TO THE CITY COUNCILS & MAC's

MERCED - Representatives from the County of Merced will begin attending local City Councils and

Municipal Advisory Councils (MAC's) to provide information on the 2011 Redistricting Project. California

Elections Code Section 21500 requires counties to redistrict after each federal census. While the population of

Merced County increased by 21.5% under the 2010 census, the population growth has not been uniform throughout

the County. Redistricting is a process in which the supervisorial district boundaries are adjusted in compliance with

applicable state and federal law .

To receive notices go to www.co.merced.ca.us/redistricting/notify. or to request further information about

the Merced County Redistricting Project contact Amber Phillips at (209) 385-7500.

SCHEDULE:

Tuesday, April 19, 2011 6:00 PM - Dos Palos City Council / City Hall - 1546 Golden Gate Avenue

7:00 PM - Winton MAC / Winton Community Hall - 7091 West Walnut Avenue

7:30 PM - Gustine City Council / City Hall - 682 West 3rd Avenue

Wednesday, April 20, 2011 7:00 PM - Los Banos City Council / City Hall - 520 J Street

Monday, April 25, 2011 6:00 PM -Atwater City Council / City Hall- 750 Bellevue Road

6:00 PM - Hilmar MAC / Hilmar Community Hall - 20077 Falke Street

-" .

Thursday, April 28, 2011 7:00 PM - McSwain MAC / McSwain Elementary School - 926 North Scott Road

Monday, May 2, 2011 7:00 PM - Le Grand MAC / Le Grand Community Services Dist Building - 13038 Jefferson Street

7:00 PM - Merced City Council / City Hall - 678 West 18th Street

Tuesday, May 3, 2011 7:00 PM - Livingston City Council/City Hall- 1416 C Street

Thursday, May 5, 2011 7:00 PM - Planada MAC / Senior Citizens Building - 9167 East Stanford

Wednesday, May 11, 2011 7:00 PM - Snelling MAC / Snelling-Merced Falls Elementary School Gym - 16099 North Hwy 58

Thursday, May 12,2011 7:00 PM - Delhi MAC / Sarah Jane Clegg Conference Center - 16091 Locust Street

For more information regarding Merced County, please visit our website at www.co.merced.ca.us.

- 30-

2

CK #128083 - #128316 04/20/11 $539,021.72 Bank Reconciliation Checks By Date

04/1312011 - 11:27 AM

User: jdemelo

Cleared and Not Cleared Checks

Check No Check Date Name Comment Module Void : Clear Date Amount

128083 03/2912011 Cook's Communications Corp. AP 24,159.79 128084 04/0112011 Alhambra AP 79.51 128085 04/0112011 All Bay Mechanical, Inc. AP 780.00 128086 04/01/2011 A & A Portables Inc AP 137.78 128087 04/0112011 Abbott & Kindermann, LLP AP 2,600.00 128088 04/0112011 Ameripride Valley Uniform Serv AP 288.29 128089 04/0112011 APWA AP 714.00 128090 04/0112011 Aramark Uniform Ser Inc AP 553.84 128091 04/0112011 AT&T AP 357.22 128092 04/0112011 AT&T AP 662.26 128093 04/0112011 Board of Equalization AP 123.00 128094 04/0112011 Borelli Real Estate Service AP 90.00 128095 04/0112011 Bruce's Tire Inc AP 49.95 128096 04/0112011 BSK AP 3,942.00 128097 04/0112011 Ca Dept of Justice AP 220.00 128098 04/0112011 California Redevelopment Assoc AP 300.00 128099 04/0112011 California Rural Water Assoc. AP 893.00 128100 04/0112011 Cit Technology Fin Serv, Inc. AP 1,165.16 128101 04/0112011 Coban Technologies, Inc. AP 151.06 128102 04/0112011 Cook's Communications Corp. AP 2,985.05 128103 04/0112011 Copy Shipping Solutions AP 3,260.33 128104 04/0112011 LN Curtis & Sons AP 376.81 128105 04/0112011 City of Los Banos Utility AP 30.58 128106 04/0112011 Dell Marketing L P AP 3,424.57 128107 04/0112011 Joe & Evelyn Miranda AP 207.00 128108 04/0112011 Dept of Public Health Services AP 880.40 128109 04/0112011 Doug Boyer Construction AP 313.00 128110 04/01/2011 Dynamic Building Associates, I AP 146.80 128111 04/0112011 Fastenal Company AP 313.33 128112 04/0112011 Fence Masters Contractors AP 900.00 128113 04/01/2011 Ferguson Enterprises Inc AP 165.57 128114 04/0112011 Ford Motor Credit AP 5,274.95 128115 04/0112011 General Petroleum Corp. AP 1,588.57 128116 04/0112011 Galls Inc AP 103.96 128117 04/0112011 Grainger Parts Operations AP 336.22 128118 04/0112011 Grating Pacific, Inc. AP 841.73 128119 04/0112011 Holt Bros AP 23.60 128120 04/0112011 Home Depot AP 97.60 128121 04/0112011 International Association AP 50.00 128122 04/0112011 JSL Construction Inc. AP 261.00 128123 04/0112011 Liebert Cassidy Whitmore AP 448.00 128124 04/0112011 James C Lopez AP 414.00 128125 04/0112011 Los Banos Express Oil & Lube AP 74.40 128126 04/0112011 Los Banos Volunteer AP 2,500.00 128127 04/0112011 Los Banos Unified School AP 2,110.00 128128 04/0112011 Los Banos Unified School AP 710.04 128129 04/0112011 Marfab Inc AP 39.69 128130 04/0112011 Matson Alarm Co Inc AP 180.00 128131 04/0112011 McNamara Sports Inc AP 272.52 128132 04/0112011 Merced Sun Star AP 285.50

BR - Checks by Date (04/1312011 - 11 :27 AM) Page

~,

Check No Check Date Name Comment ModuleVoid Clear Date Amount

128133 04/0112011 Merced Uniform & Accessories AP 243.82 128134 04/0112011 MetroPCS, Inc. AP 150.00 128135 04/0112011 MSDSOnline AP 1,849.00 128136 04/0112011 Mulch Madness Inc. AP 4,263.00 128137 04/0112011 NetMotion Wireless, Inc. AP 2,000.00 128138 04/0112011 Gerald "Obie" O'Brien AP 77.14 128139 04/01/2011 The Office City AP 852.12 128140 04/0112011 Office Equipment Fin Serv AP 376.31 128141 04/0112011 OSE AP 455.78 128142 04/0112011 P G & E Company AP 3,119.16 128143 04/01/2011 Pacheco Veterinary AP 388.38 128144 04/0112011 The Paper AP 590.00 128145 04/0112011 Beverly Prior Architects Inc AP 33.51 128146 04/0112011 Purchase Power Inc AP 4,000.00 128147 04/0112011 Safe TLite AP 61.97 128148 04/01/2011 San Joaquin Valley Drainage Au AP 277.95 128149 04/01/2011 Save Mart Supermarkets AP 40.65 128150 04/0112011 Seasons & Reasons, LIe AP 1,715.00 128151 04/0112011 Snap On Tools AP 128.65 128152 04/0112011 Sorensens True Value AP 491.08 128153 04/0112011 Stradling Y occa Carlson & Raut AP 3,442.50 128154 04/0112011 Jessika Logan Seibert AP 500.00 128155 04/0112011 Tractor Supply Credit Plan AP 5.84 128156 04/0112011 Triangle Rock Products AP Void 1,885.97 128157 04/0112011 Merced Community College AP 196.08 128158 04/0112011 Joe Gutierrez AP 96.05 128159 04/0112011 Law Offices of William A Vaugh AP 9,000.00 128160 04/0112011 Randy Williamson AP 60.00 128161 04/0112011 Win decker Inc AP 83.30 128162 04/01/2011 Young's Air Conditioning AP 889.50 128187 04/0512011 Aflac-Customer Service AP 165.90 128188 04/05/2011 Aflac-Customer Service AP 227.75 128189 04/05/2011 Aflac-Customer Service AP 53.90 128190 04/05/2011 Aflac-Customer Service AP 122.89 128191 04/05/2011 Bank of America AP 88,235.60 128192 04/05/2011 Bank of America AP 3,138.14 128193 04/0512011 Bank of America AP 12,142.32 128194 04/0512011 State of Califomia-Vrc AP 63.68 128195 04/0512011 Franchise Tax Board AP 382.47 128196 04/05/2011 Hartford Life Ins Co AP 5,680.25 128197 04/0512011 Hartford Life Ins Co AP 48.55 128198 04/0512011 HaJtford Life Ins Co AP 44.62 128199 04/05/2011 Hartford Life Ins Co AP 45.37 128200 04/05/2011 Hartford Life Ins Co AP 24.78 128201 04/05/2011 Hartford Life Ins Co AP 30.45 128202 04/0512011 Hartford Life Ins Co AP 74.57 128203 04/05/2011 Hartford Life Ins Co AP 51.82 128204 04/05/2011 Hartford Life Ins Co AP 55.38 128205 04/05/2011 Hartford Life Ins Co AP 42.60 128206 04/0512011 Hartford Life Ins Co AP 54.38 128207 04/05/2011 ICMA-RC Headquarters AP 400.00 128208 04/0512011 In Shape Health Clubs Inc AP 465.00 128209 04/05/2011 Los Banos Police Assn AP 2,226.00 128210 04/05/2011 Nationwide Retiremt Solut AP 1,860.00 128211 04/0512011 PERS Long Term Care AP 419.54 128212 04/0512011 Professional Fire Fighter AP 350.00 128213 04/05/2011 State Disbursement Unit AP 301.00 128214 04/05/2011 State Disbursement Unit AP 441.00 128215 04/05/2011 State Disbursement Unit AP 244.00 128216 04/05/2011 State Disbursement Unit AP 174.00 128217 04/0512011 State Disbursement Unit AP 572.00 128218 04/0512011 State Disbursement Unit AP 208.50

BR - Checks by Date (04/13/2011 - 11 :27 AM) Page 2

Check No Check Date Name Comment Module Void Clear Date Amount

128219 04/05/2011 Westamerica Bank - Cafeteria P AP 8,597.28 128~20 04/08/2011 A & A Portables Inc AP 398.75 128221 04/08/2011 ABS Presort Inc AP 3,375.70 128222 04/0812011 ACS Firehouse Software AP 2,405.00 128223 04/0812011 All American Plumbing AP 62.50 128224 04/08/2011 Ameripride Valley Uniform Serv AP 432.52 128225 04/08/2011 Anthony Gomes Electric Service AP 219.39 128226 04/08/2011 Aramark Uniform Ser Inc AP Void 616.04 128227 04/0812011 AT&T AP 268.90 128228 04/08/2011 AT&T AP 399.50 128229 04/08/2011 Baker Supplies & Repair AP 177.81 128230 04/08/2011 Todd Baker AP 780.00 128231 04/08/2011 Bay City Tow AP 90.00 128232 04/08/2011 BJ's Consumers Choice AP 65.00 128233 04/08/2011 Bruce's Tire Inc AP 1,836.40 128234 04/08/2011 BSK AP 550.00 128235 04/08/2011 City of Gustine AP 150.00 128236 04/08/2011 Covanta Stanislaus AP 1,470.16 128237 04/08/2011 Central Concrete AP 118.26 128238 04/08/2011 Coleman Lock & Key AP 114.00 128239 04/08/2011 Cook's Communications Corp. AP 1,314.33 128240 04/08/2011 Copy Shipping Solutions AP 150.46 128241 04/08/2011 City of Los Banos ** AP 17,126.34 128242 04/08/2011 Veronica Castillo AP 500.00 128243 04/0812011 Electrical Distributors Co. AP 35.90 128244 04/08/2011 Fastenal Company AP 323.79 128245 04/0812011 Federal Express AP 47.56 128246 04/0812011 Ferguson Enterprises Inc AP 379.33 128247 04/08/2011 William Reeder AP Void 659.80 128248 04/0812011 Galls Inc AP 140.22 128249 04/08/2011 Garton Tractor Inc AP 455.54 128250 04/08/2011 Thomas W. Giraldin AP 400.00 128251 04/08/2011 GIS Planning Inc. AP 4,000.00 128252 04/0812011 Goodwin Consulting Group AP 8,371.25 128253 04/0812011 Guardian Safety and Supply, LL AP 1,148.52 128254 04/0812011 Kris Gaare AP 450.00 128255 04/08/2011 Helena Chemical Co Inc AP 1,270.59 128256 04/0812011 Holt Bros AP 6.44 128257 04/0812011 Home Depot AP 286.76 128258 04/0812011 Ikon Office Solutions, Inc. AP 597.51 128259 04/08/2011 Ikon Office Solutions, Inc. AP 2,310.59 128260 04/08/2011 Ingraham Trophies & Gifts Inc. AP 1,312.00 128261 04/08/2011 Integrated Electronics AP 90.00 128262 04/0812011 J W Professional Janitor AP 5,285.00 128263 04/0812011 Jorgensen & Co AP 147.21 128264 04/0812011 Liebert Cassidy Whitmore AP 1,354.00 128265 04/08/2011 Los Banos Arts Council AP 987.82 128266\ 04/0812011 Los Banos Express Oil & Lube AP 70.57 128267 04/0812011 Los Banos Vet Clinic AP 62.00 128268 04/08/2011 Lowe's Business Account AP 305.19 128269 04/08/2011 Marfab Inc AP 1,775.81 128270 04/08/2011 Kevin Micheal McCarthy AP 23.69 128271 04/08/2011 Merced County Association of G AP 22,784.99 128272 04/0812011 Merced Sun Star AP 461.86 128273 04/08/2011 N & S Dos Palos Tractor AP 387.17 128274 04/08/2011 Napa Auto Parts AP 174.98 128275 04/0812011 Nextel AP 189.77 128276 04/0812011 Owen Equipment Sales AP 324.01 128277 04/0812011 OSE AP 387.51 128278 04/08/2011 Anthony Parker AP 170.00 128279 04/08/2011 PERS - Public Employees AP 105,781.66 128280 04/0812011 PERS - Public Employees AP 106,240.46

BR - Checks by Date (04/13/2011 - 11 :27 AM) Page 3

-" .

Check No Check Date Name

128281 128282 128283 128284 128285 128286 128287 128288 128289 128290 128291 128292 128293 128294 128295 128296 128297 128298 128299 128300 128301 128302 128303 128304 128305 128306 128307 128308 128309 128310 128311 128312 128313 128314 128315 128316

04/08/2011 PERS - Public Employees 04/08/2011 Protech Security & Electronics 04/0812011 SNUAPCD 04/08/2011 Scott Savage 04/08/2011 The Saw Shop 04/08/2011 Santos Ford Lincoln Mercury, I 04/0812011 Save Mart Supermarkets 04/0812011 Smith & Loveless Inc 04/08/2011 Merced County Solid Waste Div. 04/08/2011 Sorensens True Value 04/08/2011 Spriggs Inc 04/08/2011 Sprint 04/08/2011 Tire World Car Care Center, In 04/08/2011 Tractor Supply Credit Plan 04/08/2011 Triangle Rock Products 04/08/2011 USA Blue Book 04/08/2011 Robert Delgado 04/08/2011 Tammie Miller 04/08/2011 Remax, Tammy Miller 04/0812011 Minerva Sandoval 04/0812011 AnahiRoman 04/08/2011 Augustin & Juana Iglesias 04/08/2011 Robert & Theresa Caballero 04/08/2011 Manuel & Gabriela Godinez 04/08/2011 Michelle Gonzalez 04/08/2011 Amador Leal 04/08/2011 Sarah Vansickle 04/08/2011 Steven Sutter 04/08/2011 TianzongMa 04/08/2011 Arthur & Alva Jackson 04/08/2011 Jose & Mayra Resendiz 04/08/2011 Vera Howard 04112/2011 William Reeder 04112/2011 Mary Lou Gilardi 04112/2011 Sean Bayard 04112/2011 Kevin Warkentin

Break in Check Sequence due to the following Check # 128163-128186 (Payroll Checks)

BR - Checks by Date (04113/2011 - 11 :27 AM)

-" . "

Comment Module Void Clear Date

AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP

Total for Valid Checks:

Total Valid Checks: Total Void Checks:

Total Checks:

-" . -" .

Amount

193.98 75.00

479.00 752.50

7.00 232.65 90.28

299.37 2,456.29

150.31 136.73 39.99

227.10 300.10

1,885.97 13l.76 40.56 25.84 76.72 26.05 23.86 27.91 75.07 65.92

1.93 44.85 56.05 37.65 63.94 37.88 84.93

305.23 569.80 88.69

576.74 576.74

539,02l.72

Page

207 3

210

4

CITY OF LOS BANOS CITY COUNCIL I REDEVELOPMENT AGENCY MEETING MINUTES

MARCH 2, 2011

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

CALL TO ORDER: Mayor Villalta called the City Council/Redevelopment Agency Meeting to order at the hour of 7:01 p.m.

PLEDGE OF ALLEGIANCE: Police Commander Reyna led the pledge of allegiance.

ROLL CALL - MEMBERS OF THE CITY COUNCIL I REDEVELOPMENT AGENCY PRESENT: Tom Faria, Scott Silveira, Elizabeth Stone, Mayor Michael Villalta; ABSENT: Joe Sousa.

STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, City Treasurer/Accountant II Brazil, City Manager Rath, Fire Chief Guintini, Police Commander Reyna, Public Works Director/City Engineer Fachin, Redevelopment Agency Director Post, Planning Director Fitzgerald, and Information Technology Director Spalding.

CONSIDERATION OF APPROVAL OF AGENDA: Motion by Stone, seconded by Faria to approve the agenda as submitted. The motion carried by the affirmative action of all City Council/Redevelopment Agency Members present, Sousa absent.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL I REDEVELOPMENT AGENCY MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NONAGENDA 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. SHIRLEY NAPOLITANO, Los Banos, read a letter of resignation on behalf of Planning Commission Chairman Erasmo Viveros; Mayor Villalta reiterated that Mr. Viveros resigned due to schedule conflicts; GENEVA BRETT, Los Banos, spoke regarding the San Joaquin Valley National Cemetery that will be honoring veterans at an upcoming event on Sunday, May 29, 2011 at 11 :00 a.m. in which the theme of the event is "honoring women in the military", they are also looking for children to sing the national anthem and for men to form a quartet, and encouraged all to take advantage of the opportunity to honor our veterans; ASHLEE WILLIAMS and ANNA BROOKS, Los Banos, spoke on behalf of Court Appointed Special Advocates (CASA) of Merced County regarding what the program offers, the dire need in this County and community of foster youth, holding their first fundraiser being held on April 15, 2011 at 6:00 p.m. at the senior center in Merced, Jammin' with the Judges will be performing at the event, Council Member Silveira doing the auctioneering, and encouraged the community the get involved; JOHN WHALA, Los Banos Chamber of Commerce, spoke regarding the upcoming annual spring street fair

being held on April 16, 2011, the events going on that day, and encouraged all to attend; YVONNE EAGL TON, Los Banos High School Band President, spoke regarding how wonderful the band is, all the hours they put in practicing, the awards they win, perform at many community functions, upcoming silent auction called "Spring into Jazz" on April 9, 2011, and Council Member Silveira who will be auctioneering at this event; HENRY DOMINGUEZ, Los Banos, spoke regarding the meaning behind Cesar Chavez Day, the farm workers' symbol of the eagle, the symbol being misrepresented by gangs, the need to represent peace and encourage parents and families to get involved and be empowered, and the importance of presenting correct information. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Faria, seconded by Silveira to approve the consent agenda as follows: Check Register for #127213 -#127452 in the Amount of $942,033.50; Minutes for the January 19, 2011 City Council/ Redevelopment Agency Meeting; City Council Resolution No. 5303 - Approving an Employee Deferred Compensation Plan and Authorizing Its Implementation Through International City/County Management Association Retirement Corporation (ICMA-RC). The motion carried by the affirmative action of all City Council/Redevelopment Agency Members present, Sousa absent.

NOTICE & ANNOUNCEMENT OF COMMISSION VACANCY VACANCIES ONE (1) TWO (2) VACANCY VACANCIES ON THE PLANNING COMMISSION, TERM TERMS EXPIRING DECEMBER 31, 2011. Mayor Villalta requested to change the number of vacancies from one vacancy to two vacancies to save money on advertisements.

Motion by Silveira, seconded by Faria to appoint Council Member Sousa to serve with the Mayor on the selection committee and authorize the advertisement of the two vacancies. The motion carried by the affirmative action of all City Council/Redevelopment Agency Members present, Sousa absent.

CONSIDERATION OF APPOINTMENT OF A COUNCIL MEMBER AND AN ALTERNATE TO THE VALLEY-WIDE SPECIAL CITY SELECTION COMMITTEE ASSOCIATED WITH THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT. Motion by Villalta, seconded by Silveira to appoint Council Member Stone to the Valley-wide Special City Selection Committee associated with the San Joaquin Valley Air Pollution Control District and to appoint Council Member Faria as the alternate. The motion carried by the affirmative action of all City Council/Redevelopment Agency Members present, Sousa absent.

COUNCIL MEMBER AGENDA REQUESTS, (TO SEE IF THERE IS A MAJORITY CONSENSUS TO HAVE STAFF EXPEND TIME ON THE ISSUE AND TO HEAR IT AT A FUTURE MEETING), CONSIDER REQUEST FROM MAYOR VILLALTA FOR AN INDEPENDENT CASH FLOW ANALYSIS OF THE LOS BANOS REDEVELOPMENT AGENCY. Mayor Villalta stated that he would like to remove this agenda item and bring it back to a later date.

_.". "----

City Manager Rath stated that staff is bringing forward all the budget information for the mid-year review for the City and Redevelopment Agency at the March 16, 2011 Council meeting.

Mayor Villalta spoke of voting as a five member board, the Governor who is trying to hijack our money, the need for the five member board to all be on the same page, the need to defend against all challenges, and a cash flow analysis being the perfect way to do this.

Motion by Faria to table the Independent Cash Flow Analysis of the Los Banos Redevelopment Agency to a date uncertain to be discussed at a later time.

Mayor Villalta stated that City Attorney Vaughn advised that there is no action necessary at this time and the motion was removed from the table.

REDEVELOPMENT AGENCY UPDATE. Redevelopment Agency Director Post spoke regarding trying to decipher what the Governor is proposing regarding Redevelopment Agencies, hands are tied until a decision is made, decision is retroactive, and determining what we are going to look like starting July 1, 2011.

Mayor Villalta spoke of getting into contracts, what the State could do in regards to reversing those decisions, and being in limbo until we get more direction from the State.

City Manager Rath spoke of a webinar that took place last week regarding the Governor's proposal to dissolve Redevelopment Agencies, spoke regarding Proposition 22 that states that the State cannot touch Redevelopment Agencies or take any additional local funds, a lot of issues at every level of government regarding budgets and finance, we have been working on the declining revenue since late 2007 but that is not the case for the State and Federal governments, and having followed the rules while others have not.

Redevelopment Agency Director Post spoke regarding the bond funding for the rail corridor and Brownfield cleanups and having an obligation to use those funds, they are exempt from what the State can touch, allowed to follow through with our obligations in that regard, and bond debts will be paid throughout the State of California.

ADVISEMENT OF PUBLIC NOTICES (One Report). Planning Director Fitzgerald reported that there will be a public hearing held at the Planning Commission meeting on Wednesday, March 9, 2011 at 7:00 p.m. at the Police Annex at 53~ J Street to consider making a recommendation to the City Council to adjust section numbers and add additional verbiage for clarification to the Los Banos Zoning Ordinance.

CITY MANAGER I EXECUTIVE DIRECTOR REPORT. No report.

CITY COUNCIL I REDEVELOPMENT AGENCY MEMBER REPORTS.

ELIZABETH STONE: Spoke regarding the City and State budget, encouraged the public to come to the March 16, 2011 Council meeting to hear about where we are at with the budget, still facing some huge challenges ahead of us, Arbor Day event on Friday, March 4,2011 at 4:00 p.m. at Regency Lot D Park, and encouraged the public to attend.

TOM FARIA: Spoke of the jazz band that will be playing at Arbor Day event on March 16, 2011, Los Banos obtaining the designation of Tree City USA, chamber singers performed in San Jose on February 18, 2011, the winter drum line has been taking first place, winter drum line auction event on April 9, 2011, doing a concert for the Knights of Columbus on Tuesday, March 8, 2011 at St. Joseph's church, no charge for the concert but donations are welcome for the Knights of Columbus scholarship fund, thanked everyone for helping out the Los Banos High School automotive shop and the chance they have to win $25,000, encouraged the community to write to their elected officials in support of Redevelopment Agencies, the Cesar chavez march event on March 26, 2011 at 12:00 p.m. beginning at City Hall, and thanked all for their support.

SCOTT SILVEIRA: Thanked the few people that were present tonight, spoke of his hopes to see everyone again at the budget meeting, and a couple of upcoming events that he will be attending.

JOE SOUSA: Absent.

MAYOR MICHAEL VILLALTA: Spoke of the Merced County Association of Governments (MCAG) Governing Board in which he and Merced County Supervisor O'Banion serve, the last Governing Board meeting in which they hired consulting services for the Billy Wright land fill expansion project, the importance of maintaining that landfill, Diana Ingram appointed to the MCAG Citizens Advisory Committee as a citizen at large, attended an eagle scout installation event, would like to invite all eagle scouts to come to a Council meeting at a later date for an informal recognition, Arbor Day breakfast on Friday, March 4, 2011 at 7:00 a.m. the Miller and Lux building to help support the Milliken Museum, encouraged all to spend some time at the museum, CASA project event on April 15, 2011, fall street fair on April 16, 2011, Cesar Chavez event on March 26, 2011, the eleventh annual rotary crab feed on March 25, 2011 to raise funds for scholarships for high school students.

ADJOURNMENT. Motion by Faria, seconded by Silveira to adjourn the meeting at the hour of 7:53 p.m. to 4:30 p.m., Wednesday, March 9, 2011 to attend a Utility Fee Workshop Being Held in the City Hall Council Chambers, 520 J Street, Los Banos, California. The motion carried by the affirmative action of all City Council/ Redevelopment Agency Members present, Sousa absent.

APPROVED:

Michael Villalta, Mayor ATTEST:

Lucille L. Mallonee, City Clerk

....,..', "",,

LOS Banos At t.he Crossrt)(.uls oJ Ctd~lonli(l

Agenda Staff Report

TO: Honorable Mayor & City Council Members

FROM:

DATE:

Mark Fachin, P.E., Public Works Director/City Engineer fYI~ ~ April 20, 2011

SUBJECT: Department of Transportation Safe Routes to School Program Supplemental Agreement associated with administering Federal Funded Transportation Projects

TYPE OF REPORT: Consent Agenda

Recommendation: That the City Council adopt the Resolution authorizing the Public Works Director/City Engineer to sign documents, such as the attached Program Supplemental Agreement. In addition, authorize the Public Works Director/City Engineer to sign future Department of Transportation documents relating to the Safe Routes to School Grant, such as the Request for Authorization applications for Preliminary Engineering and Construction Phases with the California Department of Transportation (Caltrans).

Discussion: The Los Banos Police Department applied for a Safe Routes to School Grant on July 9, 2008. This grant application was approved by Caltrans on October 15, 2008. The awarded grant is in the amount of $262,347.00. this project is completely funded by Safe Routes to School, so there is no Local Agency funding match.

The project includes:

• A lighted cross-walk that crosses Seventh Street at K Street from the northwest corner to the northeast corner; and

• The installation of fourteen (14) Solar Powered Radar Speeds at seven (7) different schools:

1) Henry Miller Elementary - L Street

2) Westside Union Intermediate - Sixth Street

3) Our Lady of Fatima - Center Avenue

4) Los Banos Elementary - Seventh Street

5) R.M. Miano Elementary - B Street

6) Lorena Falasco Elementary - Overland Avenue

7) Los Banos Junior High - San Luis Street

The Public Works Department will be administering the grant and providing inspection services.

Caltrans has authorized the City to proceed with the design phase of the project. However, to proceed and expend the funding for this grant, Caltrans requires that the City, through resolution, approve the project Program Supplement Document and authorize a staff member to sign the project documents.

The construction phase of this project is scheduled for late summer or fall of 2011.

Fiscal Impact: There is no fiscal impact relating to authorizing the Public Works Director/City Engineer to sign these documents. However, by not executing these documents, the Federal Safe Routes to School funds will not be available to the City of Los Banos.

There is $262,347.00 in Federal funding available for the project with no Local Agency match. However, all staff work provided prior to Caltrans official authorization (E-76) is not reimbursable.

Reviewed by:

St'{;};; City Manager

Attachments: Resolution Program Supplement Agreement

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS AUTHORIZING THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO SIGN PROGRAM SUPPLEMENTAL AGREEMENT AND RELATED DOCUMENTS FOR THE SAFE ROUTES TO SCHOOL GRANT

WHEREAS, the City of Los Banos is eligible to receive Federal and/or State funding for certain transportation projects through the California Department of Transportation; and

WHEREAS, Program Supplemental Agreement and other project related documents need to be executed with the California Oepartment of Transportation before such funds can be claimed; and

WHEREAS, City of Los Banos Safe Routes to School Program Supplemental Agreement needs to be executed; and

WHEREAS, the City Council of the City of Los Banos authorizes the Public Works Director/City Engineer to execute the Program Supplemental Agreement and other project related documents that include the Request for Authorization application and any amendments thereto with the California Department of Transportation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the Public Works Director/City Engineer to execute the Program Supplemental Agreement and other project related documents that include the Request for Authorization application and any amendments thereto with the California Department of Transportation.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of April 2011, 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

1

ATTEST:


2

STATE OF CALIFORNIA. BUSINESS,TRANSPORTATION AND HOUSING AGENCY

DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TTY 711 (916) 654-3151 Fax (916)653-7621

March 25, 2011

Mr. Gary Hutsell Public Works Operations Manager City of Los Banos 411 Madison AVenue Los Banos, CA 93635

Dear Mr. Hutsell:

EDMUND G. BROWN Jr. Governor

File: 10-MER-0-LBNS

SRTSL-5160(020)

Los Banos Elementary Schl(7TH ST.), Henry Miller Elementary Schl (L St), R.M. Miano Elem Sch(B St),L

Enclosed are two originals of the Program Supplement Agreement No. 010-N to Administering Agency-State Agreement No.1 0-5160R.

Please note that federal funding will be lost if you proceed with future phase(s) of the project prior to getting the "Authoril:ation to Proceed" with that phase.

Please review the covenants and sign both copies of this Agreement and return both to this office, Office of Project Implementation - MS1 within 60 days from the date of this letter. If the signed Agreements are not received back in this office within 60 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreement is fully executed.

A copy of the State approved finance letter containing the fund encumbrance and reversion date information will be mailed to you with your copy of the executed agreement.

Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer.

Sincerely,

~r01M~ 1/ ?/SILL SANDOVAL, Chief / Office of Project Implementation - North

Division of Local Assistance

Enclosure

c: DLA AE Project Files (10) DLAE - Parminder Singh

PROGRAM SUPPLEMENT NO. N010 to

ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO 10-5160R

Date: March 17,2011 Location: 10-MER-0-LBNS

Project Number: SRTSL-5160(020) E.A. Number: 10-956935 IOOOO:?O~)03

Locode: 5160

This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 03/23/10 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).

The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.

PROJECT LOCATION:

Los Banos Elementary Schl(lTH ST.), Henry Miller Elementary Schl (L St), R.M. Miano Elem Sch(B St),Lorena Falasco Elem Sch (Overland Ave),Westsi Union Intermediate Sch(K St)Conti

TYPE OF WORK: Safe Route to Schools

Estimated Cost

I

$29,187.001

I

CITY OF LOS BANOS

By

Title

Date

Attest

Federal Funds LU2E $29,187.00 LOCAL I

$0·1 I

LENGTH: O.O(MILES)

Matching Funds

OTHER

STATE OF CALIFORNIA Department of Transportation

$0.00

By _______ __ Chief, Office of Project Implementation Division of Local Assistance

Date

I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer '!1ht/4c1. C(~ ~ Date 2/1"1/' L_ $29.187.00

Chapter I Statutes I Item ~ar I Program I BC I Category I Fund Source I AMOUNT I I I -I I I +--------

--+'- L___ I -t------r-'--- --__ J ____ _ --- ----~-----! ----~-----r_-------L -----t------- __ + ______ 1 __ ----~--~=

-=-__ L ---r~-:-l=+---==-t-T·· l_ .• -L~--=-~ Program Supplement 10-S160R-N010-ISTEA

STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION

PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 01/2010)

TO: STATE CONTROLLER'S OFFICE Claims Audits

FROM:

3301 .. c .. Street, Rm 404 Sacramento, CA 95816

Department of Transportation SUBJECT:

Encumbrance Document VENDOR 1 LOCAL AGENCY:

City of Los Banos CONTRACT AMOUNT:

$29,187.00 PROCUREMENT TYPE:

Local Assistance

CHAPTER STATUTES

712 2010

ITEM

2660-102-890

YEAR

2010-2011

DATE PREPARED: PROJECT NUMBER:

3/17/2011 1000020503 REQUISITION NUMBER 1 CONTRACT NUMBER:

RQS-2660-100000000559-1

PEC 1 PECT TASK 1 SUBTASK AMOUNT

20.30.010.535 2620/0420 $29,187.00

TOTAL CONTRACT AMOUNT $29,187.00

ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654-6410 ofTDD (916) -3880 or write Records and Forms Management, 1120 N. Street, MS-89, Sacramento, CA 95814.

\

10-MER-0-LBNS

SRTSL-5160(020) SPECIAL COVENANTS OR REMARKS

03/24/2011

1. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).

2. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and

. approved by the California Department of Finance.

ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving

.". applicable funds that is not received by the Department's Local Programs Accounting ", Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid.

These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.

3. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.

4. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.

Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual.

5. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for anyon-going or future project by ADMINISTERING AGENCY if

Program Supplement 10-5160R-N010-ISTEA

10-MER-0-LBNS

SRTSL-5160(020) 03/24/2011

SPECIAL COVENANTS OR REMARKS

PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.

If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.

ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.

6. The Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federalassisted contract or in the administration of its nBE Program Implementation Agreement.

7.

. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal..;assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Excluded Parties List System (EPLS).

8. 1. ADMINISTERING AGENCY agrees to administer PROJECT in accordance with the applicable SRTS Program Guidelines under which the project was selected. ADMINISTERING AGENCY agrees to the program delivery and reporting requirements established for the applicable SRTS Program cycle.

2. ADMINISTERING AGENCY agrees to submit a Student Tally and Parent Survey for each school to the National Center for Safe Routes to School (NCSRTS). The survey information (Student Tally and Parent Survey), collected during the regular school year, must be completed within two months of beginning the PROJECT and within two months after completing the PROJECT. ADMINISTERING AGENCY agrees to submit a copy of said surveys to the District Local Assistance Engineer (DLAE). For detailed instructions

Program Supplement 1 0-5160R-N01 0- ISTEA

10-MER-0-LBNS

SRTSL-5160(020) SPECIAL COVENANTS OR REMARKS

on data submission requirements refer to the NCSRTS web site at:

http://www.saferoutesinfo.org/data/

Program Supplement 1 0-5160R-N01 0- ISTEA

03/24/2011

Agenda Staff Report

TO:

FROM:

Mayor & City Council Members

Lucy Mallonee, CMC ~ City Clerk/Human Resources Director

DATE: April 20, 2011

SUBJECT: Approval of a Memorandum of Understanding (MOU) between the City of Los Banos and the Los Banos Fire Fighters Association (LBFFA)

TYPE OF REPORT: Consent Agenda Item

Recommendation:

Adopt the Resolution approving the MOU between the City of Los Banos and the LBFFA.

Discussion:

The City has bargained in good faith with the LBFFA and reached agreement on a new MOU through June 30, 2012. There are a few minor changes to the MOU, which clarify department practices and polices contained in the appendixes to the MOU. Merit increases remain suspended and salary ranges remain the same.

Attached are a resolution and the MOU for your review and consideration of approval.

Rer:; .. _:_ Stev th, City Manager

Attachments:

Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF LOS BANOS AND THE LOS BANOS FIRE FIGHTERS ASSOCIATION

WHEREAS, the City Council of the City of Los Banos has received a request to approve a Memorandum of Understanding by and between the City of Los Banos and the Los Banos Fire Fighters Association; and

WHEREAS, the Memorandum of Understanding will be in effect from February 1, 2011 to June 30, 2012.

NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding by and between the City of Los Banos and the Los Banos Fire Fighters Association is hereby approved as submitted as "Exhibit A" respectively.

PASSED AND ADOPTED this 20th day of April 2011, at a regular meeting of the City Council by the following vote:

AYES: Council Members NOES: ABSENT:

APPROVED:


ATTEST:


Exhibit A

TENTATIVE AGREEMENT BETWEEN

CITY OF LOS BANOS AND

LOS BANOS FIRE FIGHTERS' ASSOCIATION

The following document contains the Tentative Agreement between the parties, subject to ratification and approval of the parties. The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City of Los Banos (hereinafter called "City") and Los Banos Fire Fighter Association (hereinafter called "LBFFA" or "Association") and will apply to all employees covered by the Memorandum of Understanding (MOU) between the City and the Association. Language in the MOU between the parties not changed by this Tentative Agreement will remain unchanged. The parties agree that any and all Tentative Agreements are hereby incorporated. Any outstanding proposals not agreed to are hereby withdrawn by the parties.

This Tentative Agreement is subject to ratification by Association membership and approval by the City Council of the City of Los Banos.

S~ (La'tA. O'tJ ~ Dated: c!.IZ./1 .

Los Banos Fire Fighters Assn MOU 1

.,

MEMORANDUM OF UNDERSTANDING City of Los Banos

and Los Banos Fire Fighters Association

February 1, 2011 - June 30, 2012

SECTION I - Preamble

This Memorandum of Understanding is entered into by the City of Los Banos (hereafter referred to as the City) and the Los Banos Fire Fighters Association (hereafter referred to as the Association). The term will be February 1, 2011 and through June 30, 2012. Employees defined for the purpose of this Memorandum of Understanding include full time Fire Fighters, Fire Engineers and Fire Captains. This Memorandum of Understanding is subject to Section 3500-3510 of the Government Code of the State of California otherwise known as the Meyers Milias Brown (MMB) Act.

SECTION II - No Abrogation of Rights

The parties acknowledge that the City responsibilities and rights and management responsibilities and rights as indicated in the City of Los Banos Personnel Rules, and Regulations Resolution and all applicable State or Municipal laws and rights of the City Council are neither abrogated nor made subject to the meet and confer process by the adoption of this Memorandum of Understanding.

SECTION III - Past Practices

The parties agree that this Memorandum of Understanding supersedes any past practice covered by this Memorandum but does not affect any other written understanding agreed to by the parties not addressed in this Memorandum of Understanding.

SECTION IV - No Discrimination

The City and the Association will cooperate in pursuing a policy of no discrimination and affirmative action.

The City and Association further agree that no person employed by or applying for employment will be discriminated against because of race, religion, creed, political affiliation, color, national origin, ancestry, age, or sex. The parties further agree to protect the rights of individuals by complying with the provisions of the MMB Act.


Unit employees will have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including but not limited to wages, hours, and other terms and conditions of employment. Unit employees also will have the right to refuse to join or participate in the activities of the Association and will have the right to represent themselves individually in their employment relations with the City. No employee will be interfered with, intimidateJd, restrained, coerced, or discriminated against by the City of Los Banos or by any employee organization because of his/her exercise of these rights.

SECTION V - Recognition

A. Recognition

Pursuant to Section 3500-3510 of the Government Code of the State of California, the City acknowledges the Association as the recognized employee organization of the representing unit consisting of all full-time Fire Fighters, Fire Engineers and Fire Captains.

B. Payroll Deduction

The City will deduct Association membership dues, the amount to be designated by the Association, and any other mutually agreed upon payroll deductions from the monthly pay of member employees. The dues or other mutually agreed payroll deductions must be authorized in writing by the employee on an authorization card acceptable to the City. The City will remit the deducted dues and other mutually agreed payroll deduction to the Association as soon as reasonably possible after the deduction. The Association will not unreasonably request payroll deductions. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of action or lawsuits arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit moneys deducted from employees to the Association pursuant to this Article.

C. During the term of this Agreement, changes to City of Los Banos policies referred to in this MOU that affect wages, hours and terms and conditions of employment will be subject to the meet and confer process as required by law.

SECTION VI - Management Rights

The Association agrees that all of the functions, rights, powers, responsibilities and authority of the City in regard to the operation of its work and business and the direction of its work force which the City has not specifically abridged, deleted, granted or modified by the express and specific written provisions of this Agreement are, and will


remain, exclusively those of the City. Accordingly, the City specifically, except as otherwise limited by this Agreement, reserves the exclusive right to:

• Decide the scope of service to be performed, and the standards and method of service;

• Exercise complete control and discretion over its organization and the technology of performing its work; subject to statutory obligations (e.g. CalOSHA 2 in 2 out)

• Train, direct, and assign its employees; • Hire, rehire, fire, demote, suspend or otherwise discipline for just and proper

cause, promote, layoff, and determine the qualifications of employees; • Transfer employees from location to location; • Determine work shift start and end times, and the number of hours and shifts to

be worked; subject to the provisions of the Fair Labor Standards Act. • Determine the content of job classifications; any change to the current job

classifications or addition of new classifications will be subject to meet and confer when those changes fall within the scope of representation.

• To establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith;

• Maintain the efficiency of City operations; • Take all necessary action to carry out its mission in emergencies; • Merge, consolidate, expand or curtail or discontinue temporarily or permanently,

in whole or in part, operations whenever in the sole discretion of the City, good business judgment makes such curtailment or discontinuance advisable; subject to meet and confer obligations over "effects" of the exercise of these rights in accordance with legal requirements.

SECTION VII - Benefits

The City will contribute toward the City sponsored benefit plans during the life of this Memorandum of Understanding as follows:

A. Medical Insurance Benefits

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

Effective April 1, 2010, the City's maximum monthly contribution for each eligible active employee for the purchase of medical insurance will be equal to the minimum monthly employer contribution required under the Public Employees Medical and Hospital Care Act (PEMHCA).

B. Cafeteria Plan

The City will maintain a Cafeteria Plan, pursuant to Section 125 of the Internal


Revenue Code, for the purpose of providing employees with access to various health and welfare benefits. Benefits available through the Cafeteria Plan include, but are not limited to, medical insurance, flexible spending' accounts for out-ofpocket medical expenses and dependent care, vision insurance, dental insurance and life insurance benefits. The City agrees to provide a Cafeteria Plan Allowance to all employees eligible to participate in City-sponsored health benefits under Section A of this Article. Any tax consequences resulting from City contributions to the Cafeteria Plan are the sole responsibility of the employee.

1. For Employees Hired Before April 1, 2010: The City will provide, on a monthly basis, a Cafeteria Plan Allowance in the following amount: a. The employee's (and dependent, if applicable) health care premium, up to

a maximum of the amount of the Blue Shield HMO premium for the employee's selected level of coverage;

b. Minus the PEMHCA contribution specified in Section A; c. Plus the amount of the life insurance premium (for coverage up to

$50,000); d. Plus the employee's (and dependents, if applicable) dental and vision plan

premiums, !!Q.to a maximum of $73.00 per month; e. Minus the equivalent of 2.5% of the individual employee's salary.

2. For Employees Hired On or After April 1, 2010: The City will provide, on a monthly basis, a Cafeteria Plan Allowance listed below, based on the employee's level of health care coverage, minus the equivalent of 2.5% of the individual employee's salary:

Employee Only: $662.67 Employee plus One: $1,211.21 Employee plus Family: $1,403.19

3. Dental/Vision: Dental and vision plans are available through the Cafeteria Plan.

4. Mandatory Enrollment: Employee enrollment in dental, vision and life insurance plans offered by the City is mandatory.

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

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


C. Retirement Program

1. Pension Formula. Fire unit employees hired before January 1, 2011 will receive a CalPERS retirement benefit based on the 3% at 50 formula, as set forth in California Government Code section 21363, calculated on the single highest year of income.

Fire Unit employees hired on or after January 1, 2011 will receive a CalPERS retirement benefit based on the 3% @ 55 formula, as set forth in California Government Code section 21363.1, calculated on average income of the three highest years.

2. Employee Pension Contribution. Effective April 1, 2010, all Fire Unit Employees will pay the full CalPERS employee contribution.

D. Retiree Medical

1. The City will provide access to medical insurance coverage for those employees who retire from employment with the City and who constitute "annuitants" as defined by the PEMHCA.

The City's maximum monthly contribution for each eligible annuitant will be equal to the minimum employer contribution required under the PEMHCA, referred to in Section IV(A). The provisions of the PEMHCA will govern medical insurance coverage for annuitants.

E. Retiree Longevity Pay

1 . Employees hi,red before October 1, 2002 and who, at the time of retirement, constitute an "annuitant" as defined by the PEMHCA, will receive the following:

a. From the date of retirement and until such time the retiree becomes eligible for Medicare, the City will contribute an amount equal to the health premium for the employee's elected health care plan and level of coverage, less the City's minimum monthly employer contribution under PEMHCA.

b. Upon attaining Medicare eligibility, the City will contribute an amount equal to the premium cost for the 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 specified above during employment.

2. Employees hired between October 1, 2002 and March 16, 2010 and who, at .


the time of retirement, constitute an "annuitant" as defined by the PEMHCA, will receive the following:

a. From the date of retirement and until such time that the retiree becomes eligible for Medicare, the City will contribute an amount to cover fifty percent (50%) of the HMO plan for employees with ten (10) years of service, plus an additional five percent (5%) of the cost of the HMO plan for each additional year of service beyond ten (10) years, up to onehundred 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.

b. Upon attaining Medicare eligibility, the City's contribution will equal the cost of fifty percent (50%) of the supplemental Medicare plan offered by CalPERS for employees with ten (10) years of service, plus an additional

. five percent (5%) of the cost of the supplemental Medicare plan offered by CalPERS for each additional year of service beyond ten (10) years, up to one-hundred percent (100%) of the supplemental Medicare plan offered by CalPERS after twenty (20) years of service, less the amount of the City's minimum monthly employer contribution under PEMHCA.

c. Employees will not be entitled to City payments specified above during employment.

3. Health Savings Plan:

a. For employees hired on or after March 17, 2010, the City will establish a Health Savings Plan to which the City and employees contribute to save, on a tax-deferred basis, money to help pay the cost of healthcare once an individual retires. The Health Savings Plan may be used for healthrelated expenses as provided under the terms of the Plan. Any tax consequences resulting from City contributions to the Health Savings Plan are the sole responsibility of the employee.

i. Participation is mandatory for all employees hired on or after March 17,2010.

ii. Starting after an employee has successfully completed his or her initial probationary period, the City will contribute $50 per month to the employee's Health Savings Plan account. The employee will also contribute $50 per month to his or her Health Savings Plan account.

ii. During an employee's initial hire probationary period with the City, neither the employee nor the City will contribute to the employee's Health Savings Plan 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.

iii. Upon cessation of employment with the City, the City will cease contributions to the individual's Health Savings Plan Account.

iv. Employees hired on or after March 17, 2010 will not be vested in ongoing City contributions.

SECTION VIII - Leave Provisions

A. Vacation

Vacation benefits will be accrued, credited, and used in accordance with the City of Los Banos Vacation Leave Policy in effect on the date of this agreement; refer to City of Los Banos Policy Manual.

Vacation Leave accrual for periods shorter than one calendar month will be prorated on the basis of actual service time during that partial month.

Regular Employees on a 56-hour workweek earn Vacation Leave, beginning with the date of hire, in accordance with the following guidelines:

• Regular Employees with five (5) full years of service or less earn 9.3 hours Vacation Leave for each full calendar month of employment.

• Regular Employees who have completed from five (5) to fifteen (15) full years of service earn 14 hours Vacation Leave for each full calendar month of employment.

• Regular Employees who have completed over fifteen (15) full of years of service earn 19.12 hours Vacation Leave for each calendar month of employment.

For regular employees on a 56-hour workweek, vacation Leave may be accumulated and saved in accordance with the following guidelines:

• Employees who have less than five (5) full years of service may save a maximum of 224 hours;

• Employees who have from five (5) to fifteen (15) full years of service may save a maximum of 336 hours;

• Employees Who have in excess of fifteen (15) full years of service may save a maximum of 448 hours.

Should any employee exceed the maximum accrual of vacation, accrual will cease until vacation accrual reduces to below the maximum amount allowed.


Regular Employees on a 40-hourworkweek earn Vacation Leave, beginning with the date of hire, in accordance with the following guidelines:

• Regular Employees with five (5) full years of service or less earn 6.67 hours Vacation Leave for each full calendar month of employment.

• Regular Employees who have completed from five (5) to fifteen (15) full years of service earn 10 hours Vacation Leave for each full calendar month of employment.

• Regular Employees who have completed over fifteen (15) full of years of service earn 13.36 hours Vacation Leave for each calendar month of employment.

For regular employees on a 40 hour workweek, vacation Leave may be accumulated and saved in accordance with the following guidelines:

• Employees who have less than five (5) full years of service may save a maximum of 160 hours;

• Employees who have from five (5) to fifteen (15) full years of service may save a maximum of 240 hours;

• Employees who have in excess of fifteen (15) full years of service may save a maximum of 320 hours.

Should any employee exceed the maximum accrual of vacation, accrual will cease until vacation accrual reduces to below the maximum amount allowed.

B. Holidays

In lieu of receiving time off for holidays, employees on a 56-ho.ur workweek will be paid 134.4 holiday hours per year, to be paid on a pay period basis. Payments will be handled in accordance with CalPERS regulations.

For regular employees on a 40-hour workweek, holidays will be handled in accordance with provisions of the City of Los Banos Holiday Leave Policy; City of Los Banos Policy Manual in effect on the date of this agreement.

C. Sick Leave

The City will provide Sick Leave benefits in accordance with the City of Los Banos Sick Leave Policy; refer to City of Los Banos Policy Manual in effect on the date of this agreement.

Regular Employees receiving full salary and benefits from the City are considered entitled employees for the purpose of Sick Leave and Vacation accrual. Regular Employees on a 56-hour workweek earn Sick Leave at the rate of 11.2 hours for each calendar month of full-time service to the City. Regular employees on a 40-hour workweek earn Sick Leave at the rate of eight (8)


hours for each calendar month of full-time service to the City. Sick Leave accrual for periods shorter than one calendar month will be pro-rated on the basis of actual service time during that partial month.

SECTION IX - Workday/Week Schedule

A. Fifty-six (56) Hour Schedule.

Shifts for 56-hour employees will be designated "A," "B," and "C." Each working shift will be forty-eight (48) hours' duration. Shifts will commence at 0800 hours (8:00 am) and terminate at 0800 hours (8:00 am), 48 hours later.

The applicable work period for purposes of determining Fair Labor Standards Act (FLSA) overtime will be a one-hundred eighty-two (182) hour, twenty-four (24) day work period. Employees on the 182 hour/24 day work period will receive premium overtime compensation at the rate of one and one-half (1.5) times their "regular rate of pay," for all time worked in excess of 182 hours worked in a 24-day work period. The overtime premium for hours between 182 and 192 is half time because the employee's regular pay is intended to compensate him or her for 192 hours of straight time.

1 . When employees are asked to work on their days off or to hold-over into their regular day off, the City will compensate the employee at time-and-a-half (1 %) of their regular rate of pay.

2. The agreement to exclude sleep time from hours worked expires April 15, 2010. Unused accrued leave banks (CTO, vacation and sick leave) as of April 15, 2010 will be converted by a factor of 1.4, with the understanding that as of April 15, 2010, twenty-four (24) hours of leave will be used to cover a period of twenty-four (24) hours time off. '

B. Forty (40) Hour Personnel

The workday begins at 0800 hours (8:00 am) and ends at 1700 (5:00 pm), Monday through Friday.

SECTION X - Pay Rates and Practices

A. Advancements within the Salary Range

Effective July 1, 2010, all Merit/Performance increases (including those scheduled for July 1, 2010), as provided in Section 402 of the City's Policy Manual, will be suspended. If during the term of this agreement, any recognized bargaining unit of city employees in the City of Los Banos, or any Los Banos City employee,

Los Sanos Fire Fighters Assn MOU 10

receives a Merit / Performance increase, or has this provision restored to their MOU, then the same shall apply to the Los Banos Firefighters MOU prospectively.

B. Promotions

C.

An employee who is promoted to a classification having a greater maximum salary will be placed on the lowest step of the new salary range that results in not less than a five percent (5%) increase above the employee's current regular salary.

Salary

1. Regular

Monthly Salary Range and hourly rates for employees in the represented classes are as follows:

Fire Fighters Start SteQ 1 SteQ 2 SteQ 3 SteQ 4

Monthly Salary $3,676 $3,860 $4,054 $4,256 $4,469 Hourly Wage $15.11 $15.86 $16.66 $17.49 $18.37

Fire Engineers Start SteQ 1 SteQ 2 SteQ 3 SteQ 4


Fire Ca!;!tains Start SteQ 1 SteQ 2 SteQ 3 SteQ 4


2. Overtime

--Shifts -willbe-eovefes-inaccoH;:Ianeewith-the-Qer;>artment'-s-SRift--GGverage- --- - -- -Policy in effect on the date of this agreement.

Overtime pay will continue to be handled in accordance with the guidelines set forth in the City's Overtime Compensation Policy, refer to City of Los Banos Policy Manual.

All hours in paid status will be considered as hours worked for the purpose of calculating overtime.


3. Fire Prevention/Code Enforcement Incentive Pay

The purpose of this incentive pay is to provide appropriate compensation for the unique and demanding work schedule required of Fire Prevention/Code Enforcement Officers. Fire Fighters who serve in the Job assignment of Fire Prevention/Code Enforcement Officer will be compensated, by administrative directive, at 5% above regular salary.

4. Bilingual Pay

Bilingual pay will be paid in accordance with the City's Bilingual Pay Policy, refer to City of Los Banos Policy Manual, or as amended during the term of this agreement.

D. Education Incentive - Allowance

1. In accordance with the City's Educational Incentive Policy (refer to City of Los Banos Policy Manual), qualified Fire Fighters, Fire Engineers and Fire captains will be entitled to receive Educational Incentive pay as follows:

$75 per month for an AA/AS Degree, or $150 per month for a BA/BS Degree, or $200 per month for a Masters Degree

E. Certificate Pay

1. Fire Fighters will be entitled to receive the following compensation when they have been awarded and hold the specified State of California Fire Fighter Certificates as follows:

$50 per month for a Fire Fighter II -Certificate, or $100 per month for a California State Fire Marshall Fire Officer Certificate

F. Tuition Reimbursement

The City will provide reimbursement for schools, tuition, and specific expenses in accordance with the guidelines set forth in the City of Los Banos Tuition Reimbursement Policy, or as amended during the term of this agreement; refer to City of Los Banos Policy Manual.

G. CompTime

Comp Time will be handled in accordance with provisions outlined in the City's Compensatory Time Off Policy, or as amended during the term of this agreement; refer to City of Los Banos Policy Manual.


Firefighters are permitted to accumulate a maximum amount of one hundred twenty (120) hours compensatory time. Employees may cash out compensatory time in excess of eighty (80) hours, up to a total of forty (40) hours maximum cash out annually, to be paid on December 20th

•

SECTION XI - Miscellaneous

A. Uniform and Clothing Replacement

The City will continue to provide required uniforms and equipment in accordance with provisions outlined in the City of Los Banos Personnel Benefits section of the City of Los Banos Policy Manual. The City will report uniform expenses to CalPERS in accordance with applicable regulations. Additionally, the City of Los Banos will accept responsibility for payment of uniform cleaning in accordance with the following guidelines: .

1. Fire Department employees who are working a fifty-six (56) hour workweek will be issued a minimum of seven (7) work uniforms each calendar month.

On an as needed basis as determined by the Fire Chief, the City will provide up to five Fire Department t-shirts, and one Fire Department collared sweatshirt.

2. Fire Department employees who are working a forty (40) hour workweek will be issued a minimum of eleven (11) work uniforms each calendar month.

3. On an as needed basis as determined by the Fire Chief, the City will provide up to five Fire Department t-shirts, and one Fire Department collared sweatshirt.

4. The City will report to California Public Employees' Retirement System (CaIPERS), the average annual cost of uniforms in accordance with CalPERS requirements.

B. Safety Shoes: On an as needed basis as determined by the Fire Chief, the City will provide one (1) pair of safety boots or shoes.

C. Discipline: The City will comply with the Firefighter Procedural Bill of Rights.

D. Department Policies: The City may make mid-term changes to the management policies contained in Appendices A through E, subject to the opportunity to meet and confer over changes within the scope of employment, and mutual agreement.

E. Residency: Employees will live within five (5) miles of City limits to provide for sufficient response time.


F. Labor Management Committee: The City and Association agree to meet in a labor management committee to discuss labor issues, as needed, up to four (4) times per year. The Committee will consist of one representative of Fire Management, one representative of Human Resources, and two representatives of the Fire Association.

SECTION XII - Grievance Procedure

A. Purpose: The purpose of the Grievance Procedure is to provide for fair and prompt review and resolution of issues affecting labor relations.

B. Grievance Defined: A grievance will be defined as an alleged violation of the MOU.

C. Step 1: Informal Grievance: Within fourteen (14) calendar days of the occurrence of the act(s) that constitute the grievance, an employee will discuss the grievance with his/her immediate supervisor, who will investigate and attempt to resolve the matter. The supervisor will give the employee a verbal reply within fourteen (14) calendar days after the discussion. If the employee is not satisfied with the reply, he or she may proceed to Step 2.

D. Step 2: Formal Grievance: Any grievance not resolved at Step 1 may be submitted in writing to the Department Head no later than fourteen (14) calendar days after the date of the supervisor's verbal reply. Formal Employee Grievances will be submitted on the prescribed form (Employee Grievance Report).

Upon receipt of the Employee Grievance Report, the Department Head will conduct a thorough review of the circumstances giving rise to the Grievance, including a meeting with the employee who initiated the Grievance.

At the time of such meeting, which will be scheduled no later than seven (7) calendar days from the date the Department Head received the Employee Grievance Report, the employee may bring with him/her one (1) advisor of his/her choice to assist in presentation of his/her concerns. Electronic or mechanical recording of the hearing is permitted by any participant.

Within ten (10) calendar days after the date of the Grievance Hearing the employee initiating the Grievance will be provided with a written response (Finding on Employee Grievance) which sets forth the Department Head's findings on the Grievance and specifies what, if any, action will be taken to correct the problem. Exception: In those situations where additional review is required, the employee will be given written notice of this fact within the normal ten (10) day response time and follow-up notices of delay by the conclusion of each subsequent ten (10) day period thereafter until such time as the Findings are completed.


E. Step 3: Grievance Appeal: If an employee is dissatisfied with the initial Finding on Employee Grievance, he/she may appeal the decision to the City Manager. To exercise their right to appeal a Finding on Employee Grievance, employees must file a written request with the City Manager by no later than five (5) calendar days from the date of receipt of the Step 2 Findings on Employee Grievance. The request for Appeal will include: copies of the original Employee Grievance Report, Findings on Employee Grievance, and a cover letter setting forth the specific reasons the employee disagrees with the decision reached with regard to his/her Grievance. Failure to submit the required material within the specified time period will be considered as a waiver of the employee's right to Appeal.

Upon receipt of a Grievance Appeal, the City Manager will conduct a thorough review of circumstances giving rise to the Grievance, including a meeting with the employee initiating the Grievance within no later than ten (10) calendar days from the date the City Manager received the employee's Grievance Appeal.

The decision of the City Manager will be final and binding. The City Manager's decision will be limited as follows:

• The decision will neither add to, detract from, nor modify the language of the MOU.

• The decision will be confined to the precise issue(s) the grievance has raised at Step 1.

• Any monetary award in favor of the grievant may not exceed wages or benefits that the grievant has actually lost as a result of the matters alleged in the grievance. In no event will any grievance award include any compensatory damages or attorneys; fees.

F. Time Limits: Any grievance will be deemed settled when it is not appealed to the next step within the specified time limit, unless an extension of time to a definite date has been mutually agreed upon in writing. Any grievance that the grievant fails to timely move to the next step will be deemed resolved on the basis of the last disposition.

SECTION XIII - Provision of the Law

This Memorandum of Understanding is subject to all applicable current and future Federal and State laws, State regulations, the Municipal Code of the City of Los Banos and the Constitution of the State of California.

Should any of the provisions herein contained be rendered or declared invalid by reasOn of the State or Federal legislation or court action, such invalidations of such part of portions hereof will not invalidate the remaining portiOns hereof and they will remain in full force and effect, insofar as such remaining portions are severable.


SECTION XIV - Term

The term of this Memorandum of Understanding will commence February 1, 2011 and will expire June 30, 2012, except as otherwise provided in this Memorandum of Understanding.

LOS BANOS FIRE FIGHl: ASSOCI 10 . CITY OF LOS BANOS

Signature

Title: Title:

Date:_4,-r--·~..:...;.II-r--h~:2L>=-"/<-J/L--___ _ / I

Date: ___________ _


APPENDIX A: SHIFT COVERAGE POLICY

This policy is designed to establish a method to administer shift coverage in a timely and positive manner.

1. A current employee shift rotation list will be established containing all shift employees. The list will have four segments:

a. Fire Captains; b. Fire Engineers; c. Fire Fighters; and d. Fire Engineers that have met 80% of the State Certified Fire Officer

requirements.

Employees will be listed by date of hire in their existing ranks. If promoted or hired on the same date, employees promotional testing scores will be used to rank employees.

2. Shift coverage by rotational list is voluntary.

3. Employees on the list will provide current phone information to which the employee is accessible 24-7. Employees will be responsible to update their phone information.

4. The list will be a rotating list with adjustments made as employees opt out or new employees are added. All employees will be added to the list, and will only be removed from the list if requested in writing by the employee.

5. Employees calling in sick for their scheduled shift will do so as soon as possible or by 0700 prior to starting their shift. The employee will talk to the Captain on duty advising that he or she is sick, and will leave a voice message on the Chief's office telephone.

The employee that is scheduled to be relieved by the employee who called in sick will stay on duty until relieved or released by the on-duty Captain or Chief Officer.

Employees that become sick or need to leave work for an emergency while on duty will advise the Shift Captain, and will stay on duty until relieved or released by a Chief Officer or Shift Captain.

6. Employees who areon duty, have approved time off, seek shift coverage, fail to answer the Department's phone call(s), or decline the shift will be passed over for voluntary shift coverage. This will be recorded as a "U" (unable to cover) on the list, and the next employee on the list will be called.


7. If, after going through the entire list of employees in the applicable rank, the shift is not covered, the Department will request voluntary coverage from employees working out of class (move down pay). The rank immediately above the rank to be filled be given the first option. If, after going through the entire list of employees in ranks available to move down, the shift is not covered, the Department will request voluntary coverage from employees working out of class (move up pay). If, after going through the entire list of employees in the applicable ranks, the shift is not covered, the Department has the right to (a) hold and fill the position from the employees on duty, (b) assign mandatory shift coverage to another employee, or (c) fill the shift with a volunteer firefighter, solely at the discretion of the Fire Chief.

8. Employees covering a shift are required to abide by all rules and requirements of a normal shift (Le. punctual, proper uniform, work assignment as required, and respond to emergencies as required).

9. Employees filling a shift who become sick and/or need to leave work mid-shift for an emergency, will be compensated only for hours actually worked. Employees will stay on duty until relieved or released by a Chief Officer or Shift Captain.

10. No "place holding" of shifts will be permitted.

11. If, instead of filling a shift when called by the Department from the rotational list, two employees in the same rank agree, solely at their option and with the approval of the Department, to a shift trade, the hours worked will be excluded by the City in the calculation of the hours for which the substituting employee would otherwise be entitled to overtime. For the purpose of calculating overtime,each employee will be credited as if he or she had worked his or her normal work schedule for that shift.

12. For Immediate Need shift coverage (shift coverage needed within forty eight hours), if the employee fails to answer the department's call, the department will leave a message and encourage employees to call in as soon as possible to make sure the position is filled, but will not wait for a return call from the employee before contacting the next person on the list.

13. For Planned Need shift coverage (shift coverage needed for any time greater than 48 hours in advance): If the employee answers the call, he or she may ask for up to 30 minutes to confirm or deny the shift.

a. If an employee does not answer the phone call, and the Department gets an answering system, a message will be left indicating a need for shift coverage for the specific date. Employees will have four hours to return the call to accept or deny the shift. If the employee accepts the shift coverage, it will be considered a filled shift. If the Department does not receive a call back within the four hours, it will be marked as "U" (unable to contact) with the date of the requested shift to fill, and then be offered to the next employee in the rotation.


When an employee agrees to voluntarily cover the shift, he or she will notify the Fire Chief and Administrative Assistant bye-mail.


APPENDIX B: WORKING OUT OF CLASSIFICATION

"Working out of Classification" is defined as temporary assignment to a higher Classification.

Compensation for move-up assignments in the amount of 5% will apply.

At the sole discretion of the Fire Chief, or in accordance with the overtime hiring policy, the Department can move up a Firefighter into an Engineer's position or an Engineer into a Captain's position from within the employees on that crew or shift. Assignments may be on a rotational basis. Working out of class assignments will not be noted on the shift coverage rotational list.

In the event the Fire Chief determines. that move up coverage is required for an Engineer's regularly scheduled shift, a Firefighter scheduled to work a five-person shift and assigned to the station at which the Engineer is off will move up to Engineer position to cover the shift (Le., Fire Station #1 Engineer is off duty, Station #1's Firefighter will move to up cover the Engineer position. Fire Station #2 Engineer is off duty, Stations #2's Firefighter will move up to cover the Engineer position.)

In the event the Fire Chief determines move up coverage by a Firefighter is required due to an Engineer declining an overtime shift, a Firefighter may move up to an Engineer position at a different station (i.e., a Firefighter from Station #1 may move up and work as an Engineer at Station #2, or a Firefighter from Station #2 may move up and work as an Engineer at Station #1).

Qualified employees wishing to work voluntary overtime in a class lower than their current class (downgrade) may volunteer to do so and will be compensated at one and one halftimes the highest hourly rate for the position published in the City's compensation plan. Said employees will be selected according to proviSions set forth in the Overtime Hiring policy. .


APPENDIX C: DAILY ROUTINE POLICY

General Information ~ Operating Procedure

48/96 Work Schedule

1. Employees will be in uniform from 7:45 am until 6 pm, unless engaged in a physical activity or assignment requiring non-uniform attire.

2. The new work schedule is a full 48 hour work shift. There is no more sleep time deduction. Employee will be putting 24 hours per day on his or her time sheet.

3. Employee may retire to bed at 2200 hours if work permits. Work assignments may require employees to be up and working prior to 0800 hours.

4. During the time employees are sleeping, they will be required to respond to all calls for service in a timely manner (Le. within 2 minutes of dispatch). Note: Crew at both stations will be prepared to assist and respond to calls for service at all times. Shift captains will maintain communication with his crew at all times.

5. Projects and/or general clean up will continue until 1800 hours or when the job is complete.

6. Employee is responsible for his time sheet and getting it turned in on time.

7. The Captain going off shift will provide a detailed accounting of events that took place on their shift, to include but not be limited to inspections, vehicle repair problems, equipment problems and any other pertinent information to the oncoming Captain by 0800 hours to make a smooth transition between shifts.

8. Employee shall be aware that Saturdays, Sundays, and/or holidays are normal work days and will be addressed as such.


, APPENDIX D: MINIMUM STAFFING POLICY

City firefighting apparatus shall be staffed with bargaining unit personnel in the following manner:

Daily Staffing:

The City will provide a minimum staffing of four firefighters (one Captain, two Engineers, and one Firefighter, or the equivalent of these four positions through means identified in the shift coverage and working out of classification policies) daily.

Volunteer firefighters will not be used to satisfy minimum daily staffing requirements except as identified in the Department's Shift Coverage policy.

At no time will volunteer firefighters be assigned to the Captain or Engineer position if there are bargaining unit personnel available.

OES / Strike Team / Mutual Aid Assignments:

City apparatus deployed on strike teams will respond with no fewer than 3 personnel. Staffing will be as follows: 1 Captain, 1 Engineer, 1 Firefighter (or equivalent with acting / move-up assignments).

Volunteer firefighters may be assigned to strike teams in the firefighter position only, and then only if there are no bargaining unit personnel available to respond in a timely manner as per the Department's Shift Coverage policy.

At no time will volunteer firefighters be assigned to the Captain or Engineer position if there are bargaining unit personnel available.

Exceptions to Minimum Staffing:

In situations resulting on unplanned short term vacancies in which a firefighter goes off duty, the Assistant Fire Chief may be counted as a firefighter, for the purpose of minimum staffing, for up to eight hours. A firefighter will be considered to be on-duty if working on an assignment during a shift, even if that assignment causes the firefighter to be away from the station.

A company may remain in service or be placed in service without a full compliment of staffing as soon as the Department initiates callback for that company.


APPENDIX E: SHIFT TRADE POLICY

1. PURPOSE:

To establish a policy that allows personnel to exchange shift and/or hours without any negative effect to the Department or City.

2. DEFINITION:

Shift Trade: Two employees of the Fire Department of the same rank agree to exchange their scheduled shift or hours.

3. PROCEDURE:

A. The employees will fill out and complete the Department Shift Exchange Form. B. The form will be submitted to the Administrative Assistant no less than one

week in advance of the requested shift trade. A shift trade form is subject to final approval by the Fire Chief.

C. Upon approval, the trade can be changed no less than seven (7) days prior to the scheduled trade. After that time, planned shift trades will not be subject to change except in the event of an emergency. A change to a planned shift trade must be submitted to the Administrative Assistant, for final approval by the Fire Chief, during normal business hours (Le., 8 am - 5 pm, Monday through Friday).

D. The exchange between the two employees will be completed within twelve (12) months.

E. The hours worked by the substituting employee will be excluded by the City in the calculation of hours worked for that employee. For the purpose of calculating overtime, each employee will be credited as if he or she had worked his or her normal work schedule for that shift.

F. For payroll purposes, the employees will reflect the regularly scheduled shifts on their time sheets. The employee who trades away his or her regularly scheduled shift will reflect the shift as worked. The substituting employee will not reflect the additional hours worked on his or her time sheet.

G. Once a shift trade is· approved, if the substituting employee fails to report for the exchanged shift! hours, the employee may be subject to discipline up to and including termination.

H. It is the responsibility of the employees to manage their shift trade. The Department will not intervene in a dispute between two employees, and the Department will not intervene if no employee of the same rank wishes to trade shifts.

I. Once the shift trade is approved, the employees may not request vacation or comp time off for the traded shift or hours. If the substituting employee is sick on the day/hours of the shift trade, the employee will use his or her sick time.

J. Any and all required training that falls on an employee's regularly scheduled, traded shift will be made up within one week of the scheduled training date.


Agenda Staff Report

TO: Mayor and Members of Council

FROM: ~

Sonya Williams, Accounting & Budget Supervisor

DATE: April 20, 2011

SUBJECT: Amendment to Salary Schedule


Recommendation:

Adopt the resolution amending the Salary Schedule.

Discussion:

Attached please find a resolution for your review and consideration of approval that would amend the salary schedule to unfund the Administrative Assistant position in the Planning Department.

It is requested that the Administrative Assistant position, in the Planning Department, be unfunded in order to reflect the declining revenues within that department. The position is currently filled however, the employee will have the option of moving into a position they previously held within the Finance Department which is currently vacant; and is funded by the Enterprise Funds, (Water, Wastewater and Solid Waste). If approved by Council the action would be effective June 6, 2011.

Fiscal Impact:

The salary and benefits associated with the proposed change will reduce the expenditures in the General Fund by $6500. for Fiscal Year 2010/2011 and decrease the budget for Fiscal Year 2011/2012 by approximately $79,000.

Attachments:

Resolution

Reviewed by:

rJ--Steve Rath, City Manager

, i

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS AMENDING DIVISION 4, SALARY SCHEDULE EMPLOYEE CLASSIFICATIONS RELATING TO CHANGES TO SECTION C - PLANNING

WHEREAS, the City Council of the City of Los Banos has received a request that the Division 4 - Salary Schedule of the City Policy Manual be amended to reflect changes to Section C - Planning, unfunding the Administrative Assistant position effective June 6, 2011; and

WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of April 20, 2011.

NOW, THEREFORE, BE IT RESOLVED that the amendments as identified in Division 4 of the City Policy Manual is hereby amended and shall read as attached on "Exhibit A".

PASSED AND ADOPTED this 20th day of April 2011, at a regular meeting of the City Council by the following vote:

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of April 2011, 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:


ATTEST:


EXHIBIT A

DIVISION 4

EMPLOYEE CLASSIFICATIONS & SALARY SCHEDULE (Effective ! 2011)

Sec. 403 REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS

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

City Manager (1 ) 10,937-13,671 * * * * * Human Resources Director (1 ) 6,904-8,631 * * * * * Assistant City ClerklHR Technician (1 ) * 3,894 4,089 4,293 4,508 4,733 Payroll Technician (1 ) * 2,994 3,144 3,301 3,466 3,639

Admin Clerk (1) 1

Admin Clerk \I * * 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 categories are made by the Human Resources Director with concurrence of the City Manager. 1 Authorized but unfunded for fiscal year 2010/2011


Chief Financial Officer (1) 2 8,810-11,013 * * * * * Accounting & Budget Supervisor (1 ) * 5,635 5,916 6,212 6,523 6,849 Accountant \I (1 ) * 4,778 5,017 5,268 5,531 5,808 Accountant I (2) * 3,894 4,089 4,293 4,508 4,733 Accounts Payable Technician (1 ) * 3,204 3,364 3,532 3,709 3,894

Accounting Clerk (5)3

Accounting Clerk \I * * 2,852 2,994 3,144 3,301 3,466 Accounting Clerk I * * 2,346 2,463 2,586 2,716 2,851

* Comment: Promotions to skill levels within the Accounting Clerk job categories are made by the Chief Financial Officer with concurrence of the City Manager. 2 Authorized but unfunded for fiscal year 2010/2011 3 4 positions authorized, with 1 position unfunded for fiscal year 2010/2011

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE START STEP 1 STEP 2 STEP 3 Planning Director (1 ) 9,274-11,593 * * * Planner (1 ) Associate Planner * * 4,778 5,017 5,268 Assistant Planner * * 3,894 4,089 4,293

Administrative Assistant f-11 lQ1..~ * 3,144 3,301 3,466

* Comment: Promotions to skill levels within the Planner job categories are made by the Planning Director with concurrence of the City Manager. ~ A utharized but unfunded far fiscal vear 201012011

4-2

-' - ~\.

*

5,531 4,508

3,640

STEP 4 *

5,808 4,733

3,822

i

i I i

Sec. 403 Continued - REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS

TOTAL POSITIONS AUTHORIZED (2)

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE START STEP 1 STEP 2 STEP 3 STEP 4 Redevelopment Agency Director (1) 6,904-8,631 * * * * *

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

* Comment: Promotions to skill levels within the Admin Clerk job categories are made by the Redevelopment Director with concurrence of the City Manager.

TOTAL POSITIONS AUTHORIZED (3)

EMPLOYEE CLASSIFICATION Information Technology Director Information Technology Technician

EMPLOYEE CLASSIFICATION Public Works Director/City Engineer Assistant Public Works Director Public Works Operations Manager Parks & Rec Operations Manager Office Manager Supervisor Fleet Supervisor Water Quality Specialist Foreman Inspector I Administrative Assistant Recreation Coordinator II Sweeper Operator I Environmental Control/Utilities Maintenance 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

AUTHORIZED (1) (2)

AUTHORIZED (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) (4) (1 ) (1 ) (1 ) (2)

(14) * * * * * * *

(16) 4: * * * *

RANGE 6,904-8,631

*

RANGE 10,853-13,567

* * * * * * * * * * * *

* * * * * * *

* * * *

4 ~ 16 positions authorized, with 1 position unfunded for fiscal year 2010/2011

4-3

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

START STEP 1 STEP 2 STEP 3 STEP 4 * * * * * 7,396 7,766 8,155 8,562 8,990 5,635 5,916 6,212 6,523 6,849 5,265 5,529 5,805 6,095 6,400 4,778 5,016 5,267 5,531 5,807 4,228 4,440 4,662 4,895 5,139 4,228 4,440 4,662 4,895 5,139 4,228 4,440 4,662 4,895 5,139 4,047 4,249 4,462 4,685 4,919 3,854 4,047 4,249 4,462 4,685 3,144 3,301 3,466 3,640 3,822 2,969 3,118 3,274 3,437 3,609 2,715 2,851 2,994 3,144 3,301

3,544 3,721 3,907 4,102 4,307 3,106 3,262 3,425 3,596 3,776 2,959 3,107 3,262 3,425 3,596 2,817 2,958 3,106 3,261 3,424 3,331 3,498 3,673 3,857 4,049 3,028 3,180 3,339 3,506 3,681 2,715 2,851 2,994 3,144 3,301

3,331 3,498 3,673 3,857 4,049 3,028 3,180 3,339 3,506 3,681 2,715 2,851 2,994 3,144 3,301 2,185 2,295 2,409 2,530 2,656

.1



Admin Clerk Admin Clerk II Admin Clerk I

(2) g! * *

* *

.~ 2,852

2,346 2,994 2,463

3,144 2,586

* Comment: Promotions to skill levels (Trainee, I, II, III) within the Env. Control, Utilities Maintenance and Maintenance job categories are made by the Public Works Director with concurrence of the City Manager.

3,301 2,716

* Additionally, the Public Works Director 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 categories may be reassigned to an equivalent pay grade of one of the other two categories.

3,466 2,851

* Comment: Promotions to skill levels within the Admin Clerk job categories are made by the Public Works Director with concurrence of the City Manager.

a ~ Two positions authorized, with 1 unfunded for fiscal year 2010/2011

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE START STEP 1 STEP 2 STEP 3 Fire Chief (1 ) 9,248-11,560 * * * * Asst Fire Chief (1 ) * 7,113 7,469 7,842 8,234 Fire Captain (3) * 4,692 4,927 5,173 5,432 Fire Engineer (6) * 4,470 4,604 4,742 4,884 Fire Fighter (5) * 3,676 3,860 4,054 4,256 Code Enforcement Officer (1 ) * 3,656 3,839 4,031 4,232 Administrative Assistant (1 ) * 3,144 3,301 3,466 3,640 Fire Clerk II (1 ) * 2,852 2,994 3,144 3,301

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE START STEP 1 STEP 2 STEP 3 Police Chief (1 ) 9,612-12,015 * * * * Police Commander (2) * 7,113 7,469 7,842 8,234 Police Services Manager (1 ) * 5,542 5,819 6,110 6,416 Police Sergeant (6) * 5,469 5,742 6,030 6,331 Dispatch Supervisor (1 ) * 4,261 4,474 4,698 4,933 Police Officer (31) @ ~ * 4,201 4,415 4,636 4,869 Dispatcher (9) * 3,426 3,596 3,776 3,965

@ ~ Two (2) Positions funded buy COPS+- ~ Grant through the 2012/2013 Fiscal Year

+- ~ Community Oriented Policing Services

* Comment: Police Officers who are assigned as Investigators may be compensated at Step 1, 5% or Step 2, 7 1/2% above regular salary. Investigation assignments and step levels are made at the sole discretion of the Police Chief.

4-4

STEP 4 *

8,646

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

STEP 4 *

8,646 6,736 6,648 5,179

5,111 4,163



Crime Analyst (1 ) * 3,144 3,301 3,466 3,640 3,822 Property Evidence Technician (1 ) * 2,639 2,903 3,048 3,200 3,360 Animal Control Officer (1 ) * 2,589 2,719 2,854 2,997 3,147 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

Sec. 404 PART TIME & ELECTED EMPLOYEE CLASSIFICATIONS

Public Works De~artment -- Hourly Salary EMPLOYEE CLASSIFICATION START STEP 1 STEP 2 STEP 3 STEP 4

Clerk Typist I 11.90 12.50 13.12 13.78 14.46 Maintenance Worker III 14.10 14.81 15.55 16.32 17.14 Maintenance Worker II 10.22 10.73 11.27 11.83 12.42 Maintenance Worker I 8.41 8.83 9.27 9.74 10.22

Recreation De~artment -- Hourly Salary EMPLOYEE CLASSIFICATION START STEP 1 STEP 2 STEP 3 STEP 4

Recreation Clerk I

11.67 12.25 12.87 13.51 14.18 Program Supervisor 10.80 11.34 11.91 12.50 13.13 Recreation Assistant 8.45 8.87 9.32 9.78 10.27 Lead Referee 8.45 8.87 9.32 9.78 10.27 Referee 8.00 8.40 8.82 9.26 9.72 Recreation Aide 8.00 8.40 8.82 9.26 9.72

Public Safety De~artment -- Hourly Salary EMPLOYEE CLASSIFICATION START STEP 1 STEP 2 STEP 3 STEP 4 Police Officer 21.00 22.05 23.15 24.31 25.53 Dispatcher 14.10 14.81 15.55 16.32 17.14 Community Services 10.54 11.07 11.62 12.20 12.81 Receptionist 10.54 11.07 11.62 12.20 12.81 Garage Aid 10.54 11.07 11.62 12.20 12.81

City Hall Division -- Hourly Salary EMPLOYEE CLASSIFICATION START STEP 1 STEP 2 STEP 3 STEP 4 Account Clerk/Admin Clerk 11.89 12.48 13.11 13.76 14.45 Translator (Spanish) 9.93 * * * * Custodian 10.85 * * * * Office Assistant 8.07 8.47 8.90 9.34 9.81

Volunteer Fire De~artment -- Monthly Salary EMPLOYEE CLASSIFICATION Assistant Volunteer Fire Chief 67.50 monthly

Elected Officials -- Monthly Salary Mayor 400.00 monthly Council Members 300.00 monthly City Clerk 100.00 monthly City Treasurer 100.00 monthly

4-5

LOS Banos At the Crossroads of CaHfonria , ,

Agenda Staff Report

TO:

FROM:

Mayor and Council Members

Elaine Post, RDA Director t::tf! DATE: April 20, 2011

SUBJECT: Resolution to approve purchase of home at 2121 Park Crest Drive


Recommendation:

Approve the Resolution allowing the City Manager or RDA Director to sign documents for the purchase of an NSP funded home located at 2121 Park Crest Drive with APN 428-220-088 for no more than $112,000.00.

Background:

The Los Banos Redevelopment Agency has been overseeing the Neighborhood Stabilization Program (NSP) which provided $2.3 million to purchase foreclosed homes within the City Limits. Part of these funds are being used by Habitat for Humanity to purchase and rehab homes for those families that qualify. Some of the funds were to be used to help home buyers that are NSP qualified purchase homes.

Just two months into the program it was discovered that while we have several families that qualify and homes available, banks were unwilling to lend funds to families until homes being sold were brought up to code and repaired for health and safety reasons. While the NSP program is designed to assist with these costs, staff is unable to provide loans to families until the properties have been purchased. Therefore staff received direction from the Council to purchase 10 homes with NSP funds, repair them with NSP funds, and then sell them to NSP clients.

<.

Discussion:

This resolution will allow recording of these deeds and is required by the Merced County Recorder's Office. The resolution contains the addresses, APN numbers, price and those approved to sign the documents.

Staff is requesting these resolutions be approved so the City Manager or RDA Director may sign for homes purchased under the NSP program.

Fiscal Impact:

There are no fiscal impacts to this amendment as funds are provided by the Federal/State NSP program.

Reviewed by:

=ck---~ "' Steve Rath, City Manager

Attachments:

Resolution for the City Council

_0'. ~"

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS APPROVING THE PURCHASE OF A HOME LOCATED AT 2121 PARK CREST DRIVE WITH NSP FUNDING

WHEREAS, the State of California awarded the City of Los Banos $2.3 million to use with the Neighborhood Stabilization Program, referred to as NSP; and

WHEREAS, these funds are to be used to purchase foreclosed homes, rehabilitate the homes, and as loans to families wanting to purchase these homes; and

WHEREAS, the Los Banos City Council has approved the purchase of homes by the City for rehabilitation and resale to NSP qualified families; and

WHEREAS, this home qualifies under the NSP guidelines and is in escrow for purchase by the City of Los Banos for a cost of $112,000.00.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the purchase of property located at 2121 Park Crest Drive, Los Banos, CA, APN 428-220-088, for a purchase price not to exceed $112,000.00.

MAY IT ALSO BE RESOLVED that the City Council approves signing of loan documents be allowed by either the City Manager or RDA Director.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of April 2011, 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:


1

TO:

FROM:

DATE:

Agenda Staff Report

Honorable Mayor & Council Members

Paula ~ald, AICP, Planning Director

April 20, 2011

SUBJECT: Minor Revisions to the Recently Adopted Comprehensive Zoning Ordinance Update Amending Title 9, Chapter 3 of the Los Banos Municipal Code

TYPE OF REPORT: Public Hearing

Discussion:

A couple of years ago planning staff began working on a comprehensive update to the Zoning Ordinance (Title 9, Chapter 3 of the Los Banos Municipal Code). In December of 2009, staff was directed to make changes to the digital sign portion of the Ordinance separate from the comprehensive update. The applicable portions of the Ordinance were pulled out and the amendment was prepared. The digital sign provisions were recommended for approval by the Planning Commission and approved by the City Council on Jan. 20, 2010. In the mean time, the comprehensive update was still being prepared off of the existing Zoning Ordinance, without the newly approved electronic sign portion being incorporated. The City went through all the public hearings, the formation of a sign committee, legal review and ultimately adoption of the Zoning Ordinance and Map. Once the document came back from the printing company it was noticed that the newly approved digital sign portion was inadvertently left out of portions of the Ordinance.

Furthermore, there were no changes completed for the Public Facilities Zoning Classification and this information was in Article 31 of Title 9, Chapter 3 and the other

Zoning Classifications are in Articles 4-16 so it was logical to move Public Facilities to Article 16 and move the Unclassified Classification to Article 31 as Unclassified is a Classification that is rarely used and this switch did not require renumbering of the entire document.

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

On March 9, 2011 the Planning Commission held a public hearing on this matter and recommended approval and at the April 6,2011 City Council meeting the first reading was waived and the Ordinance was introduced.

Fiscal Impact:

None.

Recommendation: Staff recommends that the City Council receives the staff report on the Minor Amendment to the Zoning Ordinance (Sec 9-3 of the Los Banos Municipal Code), opens the public hearing, takes public comment and adopt Ordinance 10'7 amending Title 9, Chapter 3 of the Los Banos Municipal Code.

Reviewed by:

ste~y Manager

Attachments: 1. Planning Commission Resolution No. 2011-04 recommending approval 2. Ordinance No. - Adopting minor revisions to the recently adopted

comprehensive Zoning Ordinance update amending Title 9, Chapter 3 of the Los Banos Municipal Code

RESOLUTION #2010-14

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LOS BANOS RECOMMENDING APPROVAL OF THE COMPREHENSIVE UPDATE TO SECTION 9.3 OF THE MUNICIPAL CODE (ZONING ORDINANCE) AND ZONING MAP AND RECOMMENDING CERTIFICATION OF THE NEGATIVE DECLARATION (SCH 2010051025).

WHEREAS, the City's Zoning Ordinance and Map were originally adopted in 1964 and while there have been numerous amendments, the basic format and language of the document has remained unchanged and Map updates have been fragmented; and

WHEREAS, there has not been a comprehensive revision of the Zoning Ordinance and Map and the document and Map have become increasingly difficult for both the public and staff to work with and understand; and

WHEREAS, the Ordinance is difficult to interpret in places and has internal inconsistencies and that and the Map do not always reflect current planning practices or community values; and

WHEREAS, The City of Los Banos has recently approved the 2030 General Plan, the 2009-2014 Housing Element, the Rail Trail Corridor Regulating Code and the Community Design Standards; and

WHEREAS, the City of Los Banos has updated its Zoning Ordinance and Map to carry out the goals, policies and objectives stated in the 2030 General Plan, the 2009-2014 Housing Element, the Rail Trail Corridor Regulating Code and the Community Design Standards; and

WHEREAS, the Los Banos Planning Commission held numerous public hearings at which time interested persons had an opportunity to provide testimony; and

WHEREAS, approximately 200+ mailers were sent out in an attempt to generate public interest; and

WHEREAS, a Sign Committee was formed and provided input on the Sign Ordinance; and

WHEREAS, an Initial Study and Negative Declaration (SCH 2010051025) were prepared and publically circulated from May 10, 2010 to June 9, 2010; and

WHEREAS, all meetings were duly noticed as required by the City of Los Banos Municipal Code and Government Code Section 65091; and

WHEREAS, throughout the public hearings the Planning Commission has reviewed the document and Map and at the August 11, 2010 Planning Commission Meeting the Los Banos Planning Commission, heard and considered testimony, if any, of all persons desiring to be heard, and performed a final review of the Zoning Ordinance and Zoning Map.

NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Los Banos' does recommend approval of the comprehensive update to the Zoning Ordinance and Map and recommend certification of the Negative Declaration.

The foregoing resolution was introduced at a regular meeting of the Planning Commission of the City of Los Banos held on the 11th day of August 2010, by Commissioner , who moved its adoption, which motion was duly seconded by Commissioner , and the Resolution is hereby adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Erasmo Viveros, Planning Commission Chair

ATTEST:

Norma Fuentes, Planning Commission Secretary

I -j

i

= .. LY~ PLANNING DEPARTMENT

Date: March 25, 2011

Regarding: Notice of Public Hearing

Proposal: Los Banos Zoning Ordinance

NOTICE IS HEREBY GIVEN THAT a Public H~aring will be held by the Los Banos City Council to consider minor revisions to the comprehensive Zoning Ordinance update amending Title 9, Chapter 3 of the Los Banos Municipal Code.

A PUBLIC HEARING on this matter wiUbe held at the next scheduled meeting of the Los Banos City Council on Wednesday, April 6, 2011 at 7:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 flJ" Street. Questions regarding the above-referenced item may be directed to Paula Fitzgerald, AICP, Planning Director at City Hall or at (209) 827-7000, Ext.114.

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

THE CITY OF LOS BANOS

ctr~~ ~y~z/ Assistant Planner

I

ORDINANCE NO. 1017 AN ORDINANCE OF THE CITY OF LOS BANOS

ADOPTING MINOR REVISIONS TO THE RECENTLY ADOPTED COMPREHENSIVE ZONING ORDINANCE UPDATE AMENDING TITLE 9, CHAPTER 3 OF THE LOS BANOS MUNICIPAL CODE

WHEREAS, on October 20, 2010 the Los Banos City Council adopted Ordinance 1095, a Comprehensive Zoning Code update to amend Title 9, Chapter 3 of the Los Banos Municipal Code; and

WHEREAS, subsequent to the adoption of Ordinance No 1095 it has been discovered by staff that the provision for animated signs within the M-X, C-1, H-C, L-I and I Zoning Districts of the City were inadvertently repealed; and

WHEREAS, the Los Banos Planning Commission conducted a duly noticed public hearing on minor revisions to the comprehensive zoning code update on March 9, 2011 at which time all individuals desiring to comment on the proposed ordinance were heard and on March 9, 2011 the Planning Commission by Resolution 2011-04 recommended that the City Council adopt the proposed revisions to amend Title 9, Chapter 3 of the City of Los Banos Municipal Code; and

WHEREAS, the City Council conducted a duly noticed public hearing on minor revisions to the comprehensive zoning code update on _, 2011 at which time all individuals desiring to comment on the document were heard.

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

Section 1. Subsection (f) of Section 9-3.2911 Mixed Use (M-X) is amended to read as follows:

Cf) Animated signs are acceptable provided the length of display is appropriate. Each message shall be displayed for a period of at least eight (8) seconds. The sign shall remain blank (no messages or display) for at least one (1) second between displays. The messages and displays shall not appear in incremental stages or move across the changeable copy sign face. The software manufacturer and the software installer shall certify to the city that the software for the computer which controls the sign has been designed to and can only operate the sign at the approved on and off intervals.

Section 2. A new subsection (f) is added to Section 9-3.2913 General Commercial District (C-1) to read as follows:

(f) Animated signs are acceptable provided the length of display is appropriate. Each message shall be displayed for a period of at least eight (8) seconds. The sign shall remain blank (no messages or display) for at least one (1) second between displays. The messages and displays shall not appear in incremental stages or move

VI.01.26.2011 1

-"

across the changeable copy sign face. The software manufacturer and the software installer shall certify to the city that the software for the computer which controls the sign has been designed to and can only operate the sign at the approved on and off intervals.

Section 3. A new subsection (f) is added to Section 9-3.2914 Highway Commercial District (H-C) to read as follows:

(f) Animated signs are acceptable provided the length of display is appropriate. Each message shall be displayed for a period of at least eight (8) seconds. The sign shall remain blank (no messages or display) for at least one (1) second between displays. The messages and displays shall not appear in incremental stages or move across the changeable copy sign face. The software manufacturer and the software installer shall certify to the city that the software for the computer which controls the sign has been designed to and can only operate the sign at the approved on and off intervals.

Section 4. A new subsection (f) is added to Section 9-3.2915 Light Industrial District (L-I) to read as follows:

(f) Animated signs are acceptable provided the length of display is. appropriate. Each message shall be displayed for a period of at least eight (8) seconds. The sign shall remain blank (no messages or display) for at least one (1) second between displays. The messages and displays shall not appear in incremental stages or move across the changeable copy sign face. The software manufacturer and the software installer shall certify to the city that the software for the computer which controls the sign has been designed to and can only operate the sign at the approved on and off intervals.

Section 5. A new subsection (f) is added to Section 9-3.2916 General Industrial District (I) to read as follows:

(f) Animated signs are acceptable provided the length of display is appropriate. Each message shall be displayed for a period of at least eight (8) seconds. The sign shall remain blank (no messages or display) for at least one (1) second between displays. The messages and displays shall not appear in incremental stages or move across the changeable copy sign face. The software manufacturer and the software installer shall certify to the city that the software for the computer which controls the sign has been designed to and can only operate the sign at the approved on and off intervals.

Section 6. Existing Article 16 of Chapter 3 is renumbered to Article 31 and existing sections 9-3.1601 through 9-3.1603 are renumbered to sections 9-3.3101 through 9-3103 respectively.

Section 7. Existing Article 31 of Chapter 3 is renumbered to Article 16 and existing sections 9-3.3101 through 9-3.3105 are renumbered to sections 9-3.1601 through 9-1605 respectively.

V1.01.26.2011 2

Section 8. 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 9. 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 10. The proposed amendments to the Los Banos Municipal Code do not propose any changes to city policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that this ordinance amendment is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA guidelines section 15601(b)(3) and is not subject to environmental review.

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 _____ , 2011.

Passed on the __ day of _____ , 2011 by the following vote:

AYES: Council Members NOES: ABSENT:

V1.01.26.2011 3

..-....

APPROVED:


ATTEST:


Vl.01.26.2011 4

LOS Banos --

lit lite Crossroa£ls oJ C(d~fornia

Agenda Staff Report

TO: Honorable M~yor & City Council Members

FROM:

DATE:

Mark Fachin, P.E., Public Works Director/City Engineer ~ ~ April 20, 2011

SUBJECT: Place Roa~ and San Luis Street Storm Drain and Detention Basin Update

TYPE OF REPORT: I nformational Item

Recommendation: Informational item only.

Background: The City of Los Banos Public Works Department, through its Storm Drainage System Master Plan, has identified the need to provide sufficient storm drainage and detention capabilities to drainage deficient areas located on the north and south sides of Pacheco Boulevard (Highway 152) east of Mercey Springs Road (Highway 165) in Los Banos.

Approximately 63.5 acres of zoned commercial and industrial area has the need to dispose of storm drainage runoff when developed or redeveloped. Portions of the area are older developments and drainage is not removed from the parcels; it basically stands until evaporation, percolation, or mechanical removal occurs. The properties that front Pacheco Boulevard currently surface drain to the parcel frontage gutters for disposal into Caltrans maintained storm drainage lines. However, should any Pacheco Boulevard fronting parcels develop or redevelop, all onsite drainage must be redirected away from surface draining to Pacheco Boulevard and disposed through the City of Los Banos Storm Drain Collection System.

Along with the southern drainage area there is approximately 37 acres of undeveloped parcels on the north side of Pacheco Boulevard that will need a storm drain line and means of detention to serve them in the future when development occurs.

In addition, an agreement with Home Depot to provide a permanent storm drain line and detention basin was executed between the City of Los Banos and Home Depot on May 8, 2006. The agreement states that the City of Los Banos shall complete the detention facility by January 1, 2012. If this deadline is not met, the City of Los Banos must release the equitable share of $683,733.00 plus interest back to the developer. Currently there is a temporary detention basin located on the south side of Home Depot. This temporary basin is connected to the College Green Detention Basin which abuts the south section of the Rail Corridor and the west side of Place Road.

At the meeting of November 17, 2010, the City Council awarded the design contract for the Place Road and San Luis Street Storm Drain and Detention Basin to Aecom Engineering.

Discussion: The Public Works Department has included a drawing showing the basin layout as it has been designed. The major elements of the basin and storm drain line design are:

a) a maximum seven foot deep detention basin; b) landscaping and irrigation system; c) pump station for storm water; d) 8' hard surface path around the basin area; e) new play equipment which meets the current standards; f) four new horseshoe pits to replace the four existing ones; g) 2800' 48" storm drain main and manholes; h) demolition of existing trees and assorted park equipment.

The project is tentatively scheduled to go out to bid in June for a summer construction schedule.

Fiscal Impact: Payment for the improvements will be from the City's Restricted Wastewater Fund. Once completed, prior to January 1, 2012, the City may access the Home Depot provided amount of $683,733.00 and replenish a portion of the overall cost to the Wastewater Fund. A Reimbursement Agreement will be generated to encumber the Area of Benefit properties to pay their fair share of design and construction costs. However, there will be a percentage of the design and construction cost that will be paid by the Wastewater Fund and not identified as reimbursable.

Re"iewed by:

St:r:l:. City Manager

Attachment: Basin Layout Drawing

,.

i 1'<1

!

I I

II

I I,. I ~~.

'" I

I .. I

II Ii

'I 1

I

o

- x

lucy mallonee

From: Sent: To: Subject:

Lucy

Joe Sousa [[email protected]] Thursday, April 07, 2011 12:18 PM lucy mallonee Agenda item request

I please add to the April 20th agenda the following item, as I requested at the April 6th meeting.

Request to have the City Council present proclamations to the following individuals, Norm Donovan, Erasmo Viveros, and Mario Gonzales. The proclamations are to recognize their service and participation in their repective commisions.

JHS

1