los banos · (continued from august3.2011 and to be continued to september 7.2011) recommendation:...

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LOS BanosAt the Crossroads of California

www.losbanos.org

AGENDA

JOINTCITY COUNCIL AND

REDEVELOPMENT AGENCY MEETING

CITY HALL COUNCIL CHAMBERS520 J Street

Los Banos, California

AUGUST 17, 2011

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

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

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

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

Any writings or documents provided to a majority of the City Council / Redevelopment Agencyregarding 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, Californiaduring normal business hours. In addition, such writings and documents may be posted

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

Cualquier escritura 0 los documentos proporcionaron a una mayoria del Ayuntamiento / Agencia deReurbanizaci6ncon respecto a cualquier articulo en este orden del dia sera hecho disponible para la

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

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

1. CLOSED SESSION. 6:00 PM(Members of the public may address the City Council on the following closedsession items. Speakers are limited to a five (5) minute presentation. Detailedguidelines are posted on the Council Chamber informational table.)

A. Conference with Real Property Negotiators, Pursuant to Government CodeSection 54956.8; Property: A Portion of Pacheco Park, 903 PachecoBoulevard, Los Banos, California, (a Portion of APN 026-110-001),Approximately 6.11 Acres; Negotiators: City Manager, City Attorney, PublicWorks Director/City Engineer; Negotiating Parties: City of Los Banos & Los

Los Banos City Council / Redevelopment Agency Agenda - August 17, 2011 0f4

Banos Unified School District; Under Negotiation: Purchase Price and Termsof Sale.

B. Conference with Legal Counsel - Existing Litigation, Pursuant to Subdivision(a) of Section 54956.9 of the Government Code. Name of Case: LarryAnderson, et al vs. City of Los Banos, County of Merced Superior Court CaseNo. CY002069.

2. CALL TO ORDER.

3. PLEDGE OF ALLEGIANCE.

4. ROLL CALL:

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

5. CONSIDERATION OF APPROVAL OF AGENDA.

7:00 PM

6. PUBLIC FORUM. (Members of the public may address the City Council 1Redevelopment Agency Members on any item of public interest that is within thejurisdiction of the City Council 1Redevelopment Agency; includes agenda and nonagenda items. No action will be taken on non-agenda items. Speakers are limitedto a five (5) minute presentation. Detailed guidelines are posted on the CouncilChamber informational table.)

7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on theConsent Agenda are considered to be routine and will be voted on in one motionunless removed from the Consent Agenda by a City Council 1 RedevelopmentAgency Member.)

A. Check Register for #130477 - #130743 in the Amount of $2,927,606.49.

Recommendation: Approve the check register as submitted.

B. Minutes for the July 20,2011 City Council 1Redevelopment Agency Meeting.

Recommendation: Approve the minutes as submitted.

C. Street Closure Request from the Los Banos St. John's Evangelical LutheranChurch to Hold a 9/11 Memorial Event on Sunday, September 11, 2011 from12:00 p.m. - 4:00 p.m. at the Henry Miller Plaza and to Close H Street,between 5th and 7 Streets.

Recommendation: Approve the street closure request as submitted.

Los Banos City Council / Redevelopment Agency Agenda - August 17, 2011 0f4

D. City Council Resolution No. 5348 - Approving a Side Letter/ContractExtension through June 30, 2012 by and between the City of Los Banos andthe Los Banos Police Sergeants Association.

Recommendation: Adopt the resolution as submitted.

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

A. Public Hearing - To Receive Public Comment and Consider Participation inan Alternative Voluntary Redevelopment Program.(Continued from August 3.2011 and to be continued to September 7.2011)

Recommendation: Receive staff report, open public hearing, and continue to September 7,2011.

9. PRESENTATION BY MERCED COUNTY DEPARTMENT OF PUBLIC HEALTHREGARDING THE UPCOMING GROUND AMBULANCE SERVICE REQUESTFOR PROPOSALS.

Recommendation: No action to be taken, information item only.

10. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 5349-ADOPTING A RECOGNITION POLICY FOR APPOINTED CITYCOMMISSIONERS

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

11. REDEVELOPMENT AGENCY UPDATE.

12. ADVISEMENT OF PUBLIC NOTICES~ (No Report)

13. CITY MANAGER / EXECUTIVE DIRECTOR REPORT.

14. CITY COUNCIL / REDEVELOPMENT AGENCY MEMBER REPORTS.

A. Scott Silveira

B. Joe Sousa

C. Elizabeth Stone

D. Tom Faria

E. Mayor Mike VillaIta

Los Banos City Council / Redevelopment Agency Agenda - August 17, 2011 0'4

15. ADJOURNMENT.

A. Adjourn to 7:00 p.m., Wednesday, August 24, 2011 to Consider Approval orDenial of the City of Los Banos Acting as the Successor Agency to Carry Outthe Dissolution of the Los Banos Redevelopment Agency, Being Held in theCouncil Chambers, 520 J Street, Los Banos, California.

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

~;'Ql -;f.~Lucille L. Mallonee, City Clerk Dated this 11 th day of August 2011

Los Banos City Council / Redevelopment Agency Agenda - August 17, 2011 0'4

CK #130477 - #130743 08/17/11Bank ReconciliationChecks By Date

$2,927,606.49

0811012011 - 9:40 AM

User: jdemelo

Cleared and Not Cleared Checks

Check No Check Date Name Comment ModuleVoid Clear Date Amount

130477 07128/2011 Black's Irrigation Systems, In AP 61.42130478 07129/2011 Yaochi Abarca AP 37.50130479 07129/2011 Abbott & Kindermann, LLP AP 550.44130480 07129/2011 ABCOM Water ( Boyle) AP 1,084.50130481 07/29/2011 Allstate Insurance Co AP 17,363.16130482 07/29/2011 Anthony Gomes Electric Service AP 756.16130483 07/29/2011 AT&T AP 1,129.78130484 07/29/2011 AT&T AP 5,806.20130485 07/29/2011 Bank ofAmerica AP 33.18130486 07/29/2011 Baker Supplies & Repair AP 1,347.13130487 07/2912011 Battery Systems, Inc. AP 386.83130488 07/29/2011 Bank ofNew York AP 2,000.00130489 07/2912011 Bank ofNew York AP 3,074.00130490 07/2912011 Bay City Tow AP 4,395.60130491 07129/2011 Tiffany Bejarano AP 74.00130492 07129/2011 BJ's Consumers Choice AP 68.00130493 07129/2011 Bruce's Tire Inc AP 3,575.75130494 07/2912011 BSK AP 4,274.96130495 07/29/2011 CWEA AP 132.00130496 07/29/2011 California Dairies Inc AP 14.20130497 07/29/2011 CSNRMA AP 305,148.00130498 07/2912011 CompuCom AP 1,057.84130499 07/2912011 Cook's Communications Corp. AP 9.91130500 07/29/2011 City ofLos Banos Utility AP Void 38,854.91130501 07129/2011 Double D. Towing LLC AP 90.00130502 07/29/2011 Electrical Distributors Co. AP 160.34130503 07129/2011 F S Rod Inc AP 1,565.14130504 07/29/2011 Ford Motor Credit AP 5,274.95130505 07/29/2011 La Morenita Tortilleria AP 45.70130506 07/29/2011 Lehigh Hanson HeidelbergCement AP 563.58130507 07/29/2011 Los Banos Volunteer AP 2,000.00130508 07/2912011 Los Banos Ministries AP 880.00130509 07129/2011 Los Banos Unified School AP 710.04130510 07/2912011 Steve Macillas AP 207.50130511 07129/2011 Marfab Inc AP 399.85130512 07129/2011 MetroPCS, Inc. AP 50.00130513 07129/2011 Paula Kathleen Moore AP 156.00130514 07/29/2011 Napa Auto Parts AP 247.00130515 07/29/2011 Patricia Nelson AP 34.00130516 07129/2011 NetXperts, Inc. AP 5,108.45130517 07/2912011 Rommeliene Nation AP 39.00130518 07/29/2011 Gerald "Obie" O'Brien AP 77.14130519 07/29/2011 The Office City AP 354.39130520 07129/2011 P G & E Company AP 5,686.48130521 07129/2011 Radio Shack Accounts Rec AP 14.13130522 0712912011 Taylor Roelofs AP 425.00130523 07129/2011 Scott Savage AP 445.00130524 07129/2011 Santos Ford Lincoln Mercury, I AP 286.27130525 07/29/2011 Sierra Chemical Co AP Void 2,334.04130526 07/29/2011 Sorensens True Value AP 24.87

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130527 07/29/2011 Staples Credit Plan AP 483.07130528 07/29/2011 Patricia Sanchez AP 550.00130529 07/29/2011 Talley Oil Inc. AP 7,282.53130530 07129/2011 Tenninix Processing Center AP 325.92130531 07/29/2011 Salvador Berberia AP 40.00130532 07/29/2011 Noe & Nancy Bucio AP 70.00130533 07/29/2011 Community Integrate Wrk Prgra AP 70.00130534 07/29/2011 Okanita Cook AP 70.00130535 07/2912011 Lucy Costa AP 20.00130536 07/29/2011 Fernando & Leticia Rodriguez AP 70.00130537 07/2912011 KayShao AP 70.00130538 07/2912011 Starbucks Corp #14504 AP 70.00130539 0712912011 Louis & Dawn Lais AP 70.00130540 07/29/2011 Kim Luis AP 29.08130541 07/29/2011 Andrew & Erica Meza AP 69.18130542 0712912011 Jimmy & Jessica Norman AP 74.39130543 07/29/2011 Realty Executives, Armando Dia AP 33.35130544 0712912011 Realty Executives, Armando Dia AP 74.39130545 07/29/2011 HongLi AP 79.02130546 0712912011 Absher Global Investments Inc. AP 29.02130547 07/29/2011 PMZ Realty, Paul Zagaris AP 74.39130548 07/29/2011 Roque De Jesus Molina AP 27.22130549 07/29/2011 Jose and Paola Albares Alvarez AP 4.46130550 0712912011 Melonie Noel and Chris Casey AP 37.30130551 07129/2011 Christopher Win AP 86.99130552 07129/2011 Huriel or Maria Zavala AP 2.53130553 07/29/2011 Pravin Lal AP 62.57130554 0712912011 Pravin Lal AP 62.57130555 07/29/2011 Anthony Marques AP 1.50130556 07/29/2011 Jose Gonzalez AP 11.52130557 07/29/2011 Karamjeet Bhatia AP 3.92130558 07/29/2011 Bertha Hernandez AP 17.27130559 07/29/2011 Meghan Padilla AP 82.27130560 0712912011 Vavrinek, Trine, Day & Co., LL AP 35,514.00130561 07/29/2011 Law Offices of William A Vaugh AP 9,000.00130562 07/29/2011 Walmart AP 62.58130563 0712912011 Western Valley Insurance AP 8,661.00130564 07/2912011 Randy Williamson AP 34.00130565 07/2912011 Jennifer Williams AP 1,205.00130566 07/29/2011 Windecker Inc AP 135.11130567 07/2912011 Young's Air Conditioning AP 7,946.06130568 08/0112011 City of Los Banos Utility AP 38,854.88130595 08/0412011 A & A Electrical Service AP 469.03130596 08/0412011 A & A Portables Inc AP 147.41130597 08/0412011 AECOM Water ( Boyle) AP 460.00130598 08/04/2011 Aflac-Customer Service AP 165.90130599 08/04/2011 Aflac-Customer Service AP 212.80130600 08/04/2011 Aflac-Customer Service AP 53.90130601 08/04/2011 Aflac-Customer Service AP 122.89130602 08/0412011 Air Petro Corp AP 55,075.15130603 08/04/2011 All American Plumbing AP 128.59130604 08/0412011 Ameripride Valley Uniform Serv AP 408.12130605 08/0412011 Aramark Uniform Ser Inc AP 1,064.13130606 08/04/2011 AT&T AP 356.69130607 08/04/2011 AT&T AP 750.92130608 08/04/2011 Bank ofAmerica AP 85,636.26130609 08/04/2011 Bank of America AP 3,045.76130610 08/04/2011 Bank ofAmerica AP 11,505.08130611 08/04/2011 BJ's Consumers Choice AP 447.00130612 08/04/2011 Borelli Real Estate Service AP 90.00130613 08/0412011 Bruce's Tire Inc AP 3,601.31130614 08/04/2011 BSK AP 400.00

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130615 08/0412011 BSK Analytical Laboratories AP 7,150.00130616 08/04/2011 Central Concrete AP 91.32130617 08/04/2011 Comcast AP 99.95130618 08/04/2011 Cook's Communications Corp. AP 614.89130619 08/0412011 Copy Shipping Solutions AP 4.31130620 08/0412011 Cristando House, Inc. AP 558.00130621 08/04/2011 LN Curtis & Sons AP 39.24130622 08/0412011 Custom Locksmith & Alarm Inc. AP 239.69130623 08/04/2011 CVCWA AP 641.00130624 08/04/2011 Doug Boyer Construction AP 299.50130625 08/04/2011 Electrical Distributors Co. AP 101.53130626 08/0412011 Ernest Packaging Solutions AP 256.51130627 08/0412011 Manual Tom Faria AP 44.96130628 08/0412011 Fastenal Company AP 11.64130629 08/04/2011 Ferguson Enterprises Inc AP 1,465.22130630 08/04/2011 Franchise Tax Board AP 65.00130631 08/0412011 Frasier Irrigation, Inc. AP 441.89130632 08/04/2011 Galls Inc AP 105.74130633 08/04/2011 DarraH Gargano AP 342.30130634 08/04/2011 Great VaHey Supply AP 188.13130635 08/04/2011 Hartford Life Ins Co AP 5,655.25130636 08/0412011 Hartford Life Ins Co AP 48.55130637 08/04/2011 Hartford Life Ins Co AP 54.38130638 08/04/2011 Hartford Life Ins Co AP 44.62130639 08/0412011 Hartford Life Ins Co AP 45.37130640 08/0412011 Hartford Life Ins Co AP 24.78130641 08/04/2011 Hartford Life Ins Co AP 30.45130642 08/0412011 Hartford Life Ins Co AP 74.57130643 08/04/2011 Hartford Life Ins Co AP 51.82130644 08/04/2011 Hartford Life Ins Co AP 55.38130645 08/04/2011 Hartford Life Ins Co AP 42.60130646 08/04/2011 Helena Chemical Co Inc AP 2,502.95130647 08/0412011 Heppner Precision Machine AP 589.35130648 08/04/2011 HoItBros AP 460.68130649 08/04/2011 HSBC Business Solutions AP 742.52130650 08/04/2011 ICMA-RC Headquarters AP 530.00130651 08/04/2011 Ikon Office Solutions, Inc. AP 1,017.12130652 08/04/2011 In Shape Health Clubs Inc AP 535.00130653 08/04/2011 Integrated Electronics AP 90.00130654 08/04/2011 J W Professional Janitor AP 5,133.21130655 08/0412011 Lab Safety Supply Inc AP 216.58130656 08/04/2011 Liebert Cassidy Whitmore AP 1,363.00130657 08/04/2011 James C Lopez AP 542.00130658 08/04/2011 Los Banos Express Oil & Lube AP 37.51130659 08/0412011 Los Banos Superior Court AP 250.00130660 08/04/2011 Los Banos Police Assn AP 2,226.00130661 08/04/2011 Marfab Inc AP 271.31130662 08/04/2011 Matson Alarm Co Inc AP 180.00130663 08/04/2011 McElvany Inc AP 411,305.11130664 08/04/2011 Memorial Hospitals AP 5,900.00130665 08/04/2011 Merced County Association of G AP 28,546.32130666 08/04/2011 Merced County Clerk AP 40.00130667 08/04/2011 Merced County Sheriff AP 424.21130668 08/04/2011 Merced County Tax CoHector AP 72.72130669 08/0412011 Merced Sun Star AP 797.56130670 08/0412011 Merced Truck &Trailer Inc AP 804.57130671 08/0412011 Merced Uniform & Accessories AP 347.74130672 08/04/2011 Napa Auto Parts AP 906.10130673 08/04/2011 Nextel AP 185.68130674 08/04/2011 OSE AP 348.74130675 08/0412011 Old Republic Home Protection C AP 120.00130676 08/04/2011 Pacifico Sol, Inc. AP 432.00

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130677 08/04/2011 Nationwide Retiremt Solut AP 1,910.00130678 08/04/2011 PERS - Public Employees AP 118,371.35130679 08/04/2011 PERS Long Term Care AP 451.16130680 08/04/2011 Professional Fire Fighter AP 350.00130681 08/04/2011 Pro Clean Supply AP 1,390.56130682 08/04/2011 Protech Security & Electronics AP 60.00130683 08/04/2011 Rayne Quality Water AP 43.99130684 08/0412011 Regents ofUC AP 632.40130685 08/04/2011 Elias Reyes AP 30.00130686 08/04/2011 Randy Rodrigues AP 150.00130687 08/04/2011 Ronny's Landscaping AP 25,774.00130688 08/04/2011 Ronny's Landscaping AP 21,533.00130689 08/04/2011 Mona Rivera AP 600.00130690 08/04/2011 Safe TLite AP 333.57130691 08/04/2011 Santos Ford Lincoln Mercury, I AP 810.54130692 08/04/2011 Save Mart Supermarkets AP 132.18130693 08/04/2011 Sherwin Williams Co AP 111.58130694 08/04/2011 Sierra Chemical Co AP 7,211.12130695 08/0412011 Smith & Loveless Inc AP 405.14130696 08/0412011 Snap On Tools AP 204.62130697 08/04/2011 Sorensens True Value AP 586.07130698 08/04/2011 Spriggs Inc AP 501.42130699 08/04/2011 Sprint AP 39.99130700 08/04/2011 State Disbursement Unit AP 1,892.50130701 08/0412011 Stradling Yocca Carlson & Raut AP 6,193.74130702 08/0412011 Telstar Inc AP 906.00130703 08/04/2011 Teco Pneumatic Inc AP 903.24130704 08/0412011 Tee-Dee-Us Auto Service AP 46.76130705 08/04/2011 Larry Brent Torongo AP 30.00130706 08/0412011 Toscano Upholstery AP 127.63130707 08/0412011 Triangle Rock Products AP 417.64130708 08/0412011 Underground Service Alert AP 558.00130709 08/04/2011 U.S. Bancorp Equipment Finance AP 767.23130710 08/0412011 The Ups Store AP 840.85130711 08/04/2011 US Bank AP 1,288,299.82130712 08/0412011 Eblin U & Adalfo Albomoz AP 12.16130713 08/0412011 Yolanda Ordunez AP 26.02130714 08/04/2011 Yolanda Ordunez AP 31.16130715 08/04/2011 Realty Executives, Armando Dia AP 58.63130716 08/04/2011 AndrewTran AP 54.69130717 08/04/2011 Giuliani Properties Inc. AP 44.86130718 08/04/2011 Susie Zgragen AP 58.64130719 08/04/2011 John Boknovich , Jr AP 85.76130720 08/04/2011 Elba & Luis Sanchez AP 57.34130721 08/0412011 James & Debra Fipps AP 19.11130722 08/04/2011 James & Susie Newby AP 10.75130723 08/04/2011 Courtney and Erin Lavering AP 50.53130724 08/04/2011 Mohammad Ibrarnim AP 17.20130725 08/04/2011 NgaHuynh AP 25.15130726 08/04/2011 Maria Mora AP 1.52130727 08/0412011 Nahum Rodriguez AP 1.52130728 08/0412011 Pete & Veronica Cintora AP 31.06130729 08/0412011 Pravin Lal AP 58.02130730 08/0412011 Pravin Lal AP 10.42130731 08/04/2011 Albert and Marta Denice AP 42.25130732 08/04/2011 Ronald or Nadia Ajluni AP 58.63130733 08/04/2011 James Cipponeri AP 100.00130734 08/04/2011 Aldo Gonzalez AP 25.15130735 08/0412011 Avian Baker AP 66.52130736 08/0412011 Nyomi Chavez AP 29.08130737 08/0412011 Law Offices ofWilliam A Vaugh AP 1,697.60130738 08/04/2011 VSP - Vision Service Plan - (C AP 725.83

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130739 08/04/2011 Wadell Engineering Corp AP 91,128.00130740 08/04/2011 Westamerica Bank - Cafeteria P AP 209,183.73130741 08/0412011 Westside Water Conditioning AP 122.50130742 08/04/2011 Windecker Inc AP 1,660.07130743 08/04/2011 Young's Air Conditioning AP 856.50

Total for Valid Checks: 2,927,606.49

Break in Check Sequence due to the followingCheck # 130569-130594 (payroll checks)

BR - Checks by Date (08/10/20 11 - 9:40 AM)

Total Valid Checks:Total Void Checks:

Total Checks:

Page

2392

241

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CITY OF LOS BANOSCITY COUNCIL I REDEVELOPMENT AGENCY MEETING MINUTES

JULY 20, 2011

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

CALL TO ORDER: Mayor VillaIta called the City Council/Redevelopment AgencyMeeting to order at the hour of 7:04 p.m.

PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance.

ROLL CALL - MEMBERS OF THE CITY COUNCIL I REDEVELOPMENT AGENCYPRESENT: Council Members Tom Faria, Scott Silveira, Joe Sousa, Elizabeth Stone,Mayor Michael Villalta.

STAFF MEMBERS PRESENT: City Attorney Vaughn, Deputy City Clerk Ascencio, CityManager Rath, Police Chief Brizzee, Fire Chief Guintini, Public Works Director/CityEngineer Fachin, Redevelopment Agency Director Post, Planning Director Fitzgerald,and Information Technology Director Spalding.

CONSIDERATION OF APPROVAL OF AGENDA: Motion by Faria, seconded by Stoneto approve the agenda as submitted. The motion carried by the affirmative action of allCity Council/Redevelopment Agency Members present.

PRESENTATION BY CALTRANS REGARDING THE HIGHWAY 165RECONSTRUCTION. Michael Hutchison, CalTrans Civil Engineer, presented thereport, noting that the rehabilitation project will include the closure of Highway 165 fromHenry Miller Road to Route 140 beginning on October 3, 2011 and will reopen onFebruary 3, 2012.

Informational item only, no action taken.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCILI REDEVELOPMENT AGENCY MEMBERS ON ANY ITEM OF PUBLIC INTERESTTHAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA ANDNON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS.SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILEDGUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONALTABLE. JIM VALENTINE, Los Banos, read an official response to a piece of writingthat was printed in the July 1, 2011 edition of the Los Banos Enterprise from EliPaintedCrow regarding the American Legion and Veterans of Foreign Wars Los Banosposts; GEORGE ALLAN, Los Banos, spoke regarding a Ministry to Migrants event

hosted by Westside Community Church on July 31, 2011 at 6:00 p.m. at Rafael L. Silvafarm worker housing center, the need for donated school supplies, efforts to showappreciation to those who work in fields, acknowledge the difficulty of managing familywhile following work, asked the community to encourage and support these familieswhile they are in our area; GENE FORTE, Patterson, spoke regarding the grand juryinvestigation that was done regarding his complaint, played portion of an audiorecording of conversation between Mr. Forte and a Stanislaus County Sheriff Deputyregarding tampering in handling of evidence, spoke of being the subject of deaththreats, and not being a racist; ROBERT HANNAH, Los Banos, spoke regarding thewater fees and increase in rates, asked the City Council to deny the utility rateincreases, spoke of many people being unemployed or on fixed incomes, how thecurrent system for Public Works has been working well, suggested that the City savemoney by keeping the current system, and maybe in the future citizens will agree on theincrease; TISHA BLACKWOOD FREITAS, Los Banos, spoke of Green Valley CharterSchools, thanked all who participated in the previous fundraiser dinner, the importanceof community support, those interested can attend the July 21, 2011 Los Banos UnifiedSchool District Board meeting, projecting to bring ten jobs for kindergarten through thirdgrade and at least twenty jobs for when it becomes kindergarten through eighth grade,looking for leads for a development team, and brochures are available in the CouncilChambers tonight; JUVENAL MATOS, Los Banos, spoke in opposition of the utilityrates increases, the poor economy, and thanked the City Council for listening; GENEVABRETT, Los Banos, spoke regarding Jeanette King who took an oath to become a UScitizen, how many natural born citizens take duties lightly, and business license issues;ERNIE ROQUE, Los Banos, spoke regarding City Council/Redevelopment Agencymeeting that took place on June 1, 2011 in which Jeanette Garcia from Merced CountyAssociation of Governments (MCAG) spoke on the ten year plan to end homelessnessand the hiring a part time person, read an employment advertisement in the MercedSun-Star for a MCAG grant analyst position, inquired if this was the same positionpresented by Ms. Garcia and if this was a misrepresentation. No one else cameforward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Stoneseconded by Sousa to approve the consent agenda as follows: Check Register for#129757 - #129972 in the Amount of $1,120,703.96; Minutes for the July 6, 2011 CityCouncil/ Redevelopment Agency Meeting; Authorization to Extend Vavrinek, Trine, Day& Co., LLP (VTD) Agreement to Provide Certified Municipal Public Accounting FinanceDepartment Management Staff Services Support through June 30, 2012; City CouncilResolution No. 5342 - Authorizing the City Manager to File Regional SurfaceTransportation Program (RSTP) Exchange Funds Claim for Fiscal Year 2010-2011.The motion carried by the affirmative action of all City Council/ Redevelopment AgencyMembers present.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OFADOPTION OF THE NEW UTILITY RATES FOR WATER, WASTEWATER ANDSOLID WASTE SERVICE FEES (CONTINUED FROM July 6.2011); CITY COUNCILRESOLUTION NO. 5339 - ESTABLISHING RATES FOR WATER SERVICE FEES;

CITY COUNCIL RESOLUTION NO. 5340 - ESTABLISHING RATES FORWASTEWATER SERVICE FEES; CITY COUNCIL RESOLUTION NO. 5341 ESTABLISHING RATES FOR SOLID WASTE SERVICE FEES. Brent Kuhn, Vavrinek,Trine, Day & Co., LLP, presented the staff report, noting the changes to the proposedutility rates and timeline.

Mayor Villalta re-opened the public hearing due to new information being presented thisevening and asked those who would like to speak to state their name and address priorto addressing the City Council. ROBERT HANNAH, 521 N. Santa Ana Street, inquiredas to whether or not the proposal is being reduced; Mr. Kuhn spoke to Council MemberStone's proposal and Council Member Silveira's proposal; JUVENAL MATOS, LosBanos, spoke of the proposed rates still being an increase, how letters should havegone out to let the community know how much their bill would be with the increase, andhow the numbers presented are unclear; DAVE ANDERSON, Los Banos, spoke of notbeing against the increase, how he sent out an email to everyone today withsuggestions on how to address the change, and confusion regarding the dump feesand how the spreadsheet is lined up; AUSTIN TERRY, 832 Olivewood Drive, spoke ofthe original proposed resolution, being on a fixed income, difficult to take the way itspresented, urged the City Council to consider the alternate proposals by CouncilMember Stone and Council Member Silveira, and his disappointment that nothing wasaccomplished on the July 6, 2011 City Council/Redevelopment Agency meeting. Noelse one came forward to speak and the public hearing was closed.

There was discussion among Council Members, staff, and Mr. Kuhn regarding thecurrent and proposed rates and effective dates and the average increase per month foreach rate under each proposal.

Council Member Stone spoke of the continuance of this discussion that has been takingplace since March, having had plenty of time to go to staff with different proposals, over80% of property owners and/or account holders did not file protests, having heard aboutthe reason for the numbers and increases, the seriousness of the need for theincreases, concern about what would happen if we did nothing or didn't adjustaccordingly, understanding that the adjustments will be difficult but they are necessary,cannot do nothing, and the need to compromise.

Council Member Sousa spoke of making headway being better than not doing anything,fines and increases in rates, dump closure project and how the delay has cost the City,thanked Council Member Silveira and Council Member Stone for making alternativesuggestions, the need to do this in a responsible manner, and how he would support aproposal before the City Council tonight.

Mayor Villalta spoke of this being a mini version of the national debt ceiling, the need tocome up with a proposal that we can live with, not going to blindly vote on something hedoesn't believe in, and how this may take more meetings and soul searching onCouncil's part.

Council Member Silveira spoke of his appreciation for Council Member Stone's workand staff's work, not being comfortable with going as high as Council Member Stone'sproposed rates, willing to move a little off what he proposed, imperative to come up withcompromises, will take some responsibility that he should have gotten those numbersto staff earlier, inquired if there can be a compromise between his proposed rates andCouncil Member Stone's proposed rates, and spoke of being bound by the Brown Act.

Council Member Stone spoke of heading in the right direction, not having an unlimitedamount of time, and the differences between her proposal and Council MemberSilveira' proposal.

Motion by Stone, seconded by Sousa to adopt City Council Resolution No. 5339 Establishing Rates for Water Service Fees with the amendment that the increase in theflat water rate would not go into effect until February 1, 2012 per Council MemberStone's proposal. The motion failed by the following roll call vote: AYES: Sousa, Stone;NOES: Faria, Silveira, Villalta; ABSENT: None.

Mayor Villalta spoke of not knowing the end result in numbers if they will be voting onthese rates separately, not being able to support going from one to the next, and theneed to know the total amount.

Council Member Stone spoke of how the motion that she made was directly underCouncil Member Stone's proposal and how Council had the numbers for a week.

Motion by Stone, seconded by Sousa to adopt City Council Resolution No. 5340 Establishing Rates for Wastewater Service Fees with the amendment to lower theincrease by 4.75 percent and not impose rates until September 1, 2011 per CouncilMember Stone's proposal. The motion failed by the following roll call vote: AYES:Sousa, Stone; NOES: Faria, Silveira, Villalta; ABSENT: None.

Motion by Stone, seconded by Sousa to adopt City Council Resolution No. 5341 Establishing Rates for Solid Waste Service Fees with the amendment to not imposerates until February 1, 2012 per Council Member Stone's proposal. The motion failedby the following roll call vote: AYES: Sousa, Stone; NOES: Faria, Silveira, Villalta;ABSENT: None.

Motion by Stone, seconded by Silveira to Continue the Public Hearing andConsideration of Adoption of the New Utility Rates for Water, Wastewater and SolidWaste Service Fees; City Council Resolution No. 5339 - Establishing Rates for WaterService Fees; City Council Resolution No. 5340 - Establishing Rates for WastewaterService Fees; City Council Resolution No. 5341 - Establishing Rates for Solid WasteService Fees to the August 3, 2011 City Council/Redevelopment Agency Meeting. Themotion carried by the following roll call vote: AYES: Silveira, Sousa, Stone, Villalta;NOES: Faria; ABSENT: None.

City Attorney Vaughn spoke of his concern about the continuance of this item past theAugust 3, 2011 City Council/Redevelopment Agency Meeting due to Proposition 218and urged the City Council to reach a conclusion by then.

City Manager Rath asked that if the City Council had any more proposals then get it tostaff no later than Monday, July 25, 2011 so that the agenda can be distributed timely.

City Attorney Vaughn spoke to failed motions being subject to reconsideration byanyone who was on the prevailing side.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OFAMENDMENTS TO THE CITY BUILDING CODES ORDINANCE BY ADOPTING BYREFERENCE THE 2010 CALIFORNIA BUILDING STANDARDS CODE; ORDINANCENO. 1098 - ADOPTING BY REFERENCE THE 2010 EDITION OF THE CALIFORNIABUILDING CODE, THE 2010 EDITION OF THE CALIFORNIA ENERGY CODE, THE2010 EDITION OF THE CALIFORNIA HISTORICAL BUILDING CODE, THE 2010EDITION OF THE CALIFORNIA REFERENCED STANDARDS CODE, THE 2010EDITION OF THE CALIFORNIA ELECTRICAL CODE, THE 2010 EDITION OF THECALIFORNIA MECHANICAL CODE, THE 2010 EDITION OF THE CALIFORNIAADMINISTRATIVE CODE, THE 2010 EDITION OF THE CALIFORNIA EXISTINGBUILDING CODE, THE 2010 EDITION OF THE CALIFORNIA GREEN BUILDINGSTANDARDS CODE, THE 2010 EDITION OF THE CALIFORNIA RESIDENTIALCODE, THE 2010 EDITION OF THE CALIFORNIA PLUMBING CODE, TOGETHERWITH CERTAIN AMENDMENTS AND DELETIONS, AND AMENDING ANDREORGANIZING TITLE 8 OF THE LOS BANOS MUNICIPAL CODE (SECONDREADING & ADOPTION). Fire Chief Guintini presented the staff report.

The public hearing was opened. No one came forward to speak and the public hearingwas closed.

Motion by Sousa, seconded by Silveira to waive the second reading of Ordinance No.1098 - Adopting by Reference the 2010 Edition of the California Building Code, the2010 Edition of the California Energy Code, The 2010 Edition of the California HistoricalBuilding Code, the 2010 Edition of the California Referenced Standards Code, the 2010Edition of the California Electrical Code, the 2010 Edition of the California MechanicalCode, the 2010 Edition of the California Administrative Code, The 2010 Edition of theCalifornia Existing Building Code, the 2010 Edition of the California Green BuildingStandards Code, the 2010 Edition of the California Residential Code, the 2010 Editionof the California Plumbing Code, Together with Certain Amendments and Deletions,and Amending and Reorganizing Title 8 of the Los Banos Municipal Code. The motioncarried by the affirmative action of all City Council/Redevelopment Agency Memberspresent.

Motion by Sousa seconded by Silveira to adopt Ordinance No. 1098 - Adopting byReference the 2010 Edition of the California Building Code, the 2010 Edition of theCalifornia Energy Code, The 2010 Edition of the California Historical Building Code, the

2010 Edition of the California Referenced Standards Code, the 2010 Edition of theCalifornia Electrical Code, the 2010 Edition of the California Mechanical Code, the 2010Edition of the California Administrative Code, The 2010 Edition of the California ExistingBuilding Code, the 2010 Edition of the California Green Building Standards Code, the2010 Edition of the California Residential Code, the 2010 Edition of the CaliforniaPlumbing Code, Together with Certain Amendments and Deletions, and Amending andReorganizing Title 8 of the Los Banos Municipal Code. The motion carried by thefollowing roll call vote: AYES: Faria, Silveira, Sousa, Stone, Villalta; NOES: None;ABSENT: None.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OFAMENDMENTS TO THE CITY FIRE PREVENTION CODE ORDINANCE BYADOPTING BY REFERENCE THE 2010 CALIFORNIA FIRE CODE; ORDINANCE NO.1099 - ADOPTING BY REFERENCE THE 2010 EDITION OF THE CALIFORNIA FIRECODE TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS, ANDAMENDING AND REORGANIZING TITLE 4 CHAPTER 3 OF THE LOS BANOSMUNICIPAL CODE (SECOND READING & ADOPTION). Fire Chief Guintini presentedthe staff report.

The public hearing was opened. No one came forward to speak and the public hearingwas closed.

Motion by Silveira, seconded by Sousa to waive the second reading of Ordinance No.1099 - Adopting by Reference the 2010 Edition of the California Fire Code Togetherwith Certain Amendments and Deletions, and Amending and Reorganizing Title 4Chapter 3 of the Los Banos Municipal Code. The motion carried by the affirmativeaction of all City Council/ Redevelopment Agency Members present.

Motion by Silveira, seconded by Sousa to adopt Ordinance No. 1099 - Adopting byReference the 2010 Edition of the California Fire Code Together with CertainAmendments and Deletions, and Amending and Reorganizing Title 4 Chapter 3 of theLos Banos Municipal Code. The motion carried by the following roll call vote: AYES:Faria, Silveira, Sousa, Stone, Villalta; NOES: None; ABSENT: None.

CONSIDERATION OF REQUEST TO FUND UP TO $1,000 WORTH OF LEGAL FEESTO THE CALIFORNIA REDEVELOPMENT ASSOCIATION TO BATTLE THEGOVERNOR'S BUDGET, NAMELY ABX1 26 AND ABX1 27 (CONTINUED FROMJuly 6, 2011). City Manager Rath presented the staff report and requested to table theitem to a date uncertain.

Motion by Silveira seconded by Faria to table the Request to Fund up to $1,000 Worthof Legal Fees to the California Redevelopment Association to Battle the Governor'sBudget, Namely ABX1 26 and ABX1 27 to a date uncertain. The motion carried by theaffirmative action of all City Council/Redevelopment Agency Members present.

CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 5343 DECLARING ITS INTENTION TO ENACT AN ORDINANCE WHEREBY THE CITYSHALL ELECT TO COMPLY WITH AND PARTICIPATE IN THE ALTERNATIVEVOLUNTARY REDEVELOPMENT PROGRAM CONTAINED IN PART 1.9 OFDIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE. RedevelopmentAgency Director Post presented the staff report, which included a PowerPointpresentation and introduced Mark Huebsch with Stradling Yocca Carlson & Rauth.

There was discussion among Council Members, staff, and Mr. Huebsch regarding thedifference between enacting and adopting an ordinance, preference on how to pay, theright of appeal, and urgency ordinances.

City Manager Rath explained to the City Council from a staff perspective that thegeneral fund cannot afford it, having barely closed the gap with this new budget, theneed to reduce expenses, revenue declining, and cannot incur any liabilities from theRedevelopment Agency that would affect the general fund.

Motion by Sousa, seconded by Stone to adopt City Council Resolution No. 5343 Declaring its Intention to Enact an Ordinance Whereby the City Shall Elect to Complywith and Participate in the Alternative Voluntary Redevelopment Program in Part 1.9 ofDivision 24 of the California Health and Safety Code. The motion carried by theaffirmative action of all City Council/Redevelopment Agency Members present.

CONSIDERATION OF APPOINTMENT OF ONE (1) COUNCIL MEMBER TO SERVEON THE LEAGUE OF CALIFORNIA CITIES CENTRAL VALLEY DIVISIONEXECUTIVE COMMITTEE AND ONE (1) COUNCIL MEMBER TO SERVE AS ANALTERNATE. City Manager Rath presented the staff report.

Motion by Faria, seconded by Sousa to appoint Mayor Villalta to serve on the League ofCalifornia Cities Central Valley Division Executive. The motion carried by theaffirmative action of all City Council/ Redevelopment Agency Members present.

Motion by Stone to appoint Council Member Silveira to serve on the League ofCalifornia Cities Central Valley Division Executive Committee as an alternate. Themotion failed due to the decline of nomination by Council Member Silveira.

Motion by Silveira, seconded by Faria to appoint Council Member Stone to serve on theLeague of California Cities Central Valley Division Executive Committee as analternate. The motion carried by the affirmative action of all City Council/Redevelopment Agency Members present.

REDEVELOPMENT AGENCY UPDATE. Redevelopment Agency Director Post spokeof studying ABX1 26 and ABX1 27.

ADVISEMENT OF PUBLIC NOTICES (No Reports),

CITY MANAGER I EXECUTIVE DIRECTOR REPORT. City Manager Rath spoke ofthe federal highway appropriations bill and trying to get Los Banos funding.

CITY COUNCIL I REDEVELOPMENT AGENCY MEMBER REPORTS.

ELIZABETH STONE: Spoke of the Salute to Seniors Fair on September 30, 2011 inwhich there will be a special tribute to veterans.

TOM FARIA: Spoke of the Green Valley Charter School and educating the home child.

SCOTT SILVEIRA: Spoke of the 2x3 Committee, reported that the City and the LosBanos Unified School District are working on a grant for safe routes to schools puttingsidewalks around Los Banos Junior High School and Pacheco High School, andreminded all that the Milliken Museum is still open for business.

JOE SOUSA: Spoke of a citizen's missing cat that needs to come home, encouragedthe community to help this person get her pet back, and asked Mayor Villalta if he couldfind out why the bus shelter that is supposed to be at the fairgrounds hasn't beenplaced there yet.

MAYOR MICHAEL VILLALTA: Spoke of a meeting regarding the animal shelter onJuly 21, 2011 at 9:00 a.m., the Merced County Association of Governments (MCAG)Governing Board meeting that will take place on July 21, 2011 in which amongdiscussion will be regarding garbage expansion, the importance of the Billy Wrightlandfill, the number of call boxes on Highway 152 and Interstate 5 within our area wereapproved at the previous MCAG Governing Board Meeting, a plan in place to continuewith call boxes, new bus shelters in town that were approved at a previous MCAGGoverning Board meeting, the importance of the Salute to Seniors Fair, andencouraged all to visit the Milliken Museum.

Redevelopment Agency Director Post inquired if the City Council would like for it to bedisplayed on the digital sign that the museum is open. Mayor Villalta indicated that hewould like to see that happen.

ADJOURNMENT. The meeting was adjourned at the hour of 10:11 p.m.

APPROVED:

Michael Villalta, MayorATTEST:

Sandra B. Ascencio, Deputy City Clerk

f'

At the Crossroads oJ California

Agenda Staff Report

TO: Mayor and City Council Members

FROM: ~Gary Brizzee, Chief of Police

DATE: August 17, 2011

SUBJECT: Street Closure Request - 9/11 Memorial

TYPE OF REPORT:

Recommendation:Authorize street closure.

Consent Agenda

Background:The Los Banos St. John's Evangelical Lutheran Church is requesting a street closure onSeptember 11, 2011, from 12:00 p.m. to 4:00 p.m., for a 9/11 Memorial Event at theHenry Miller Plaza. The street closure request is for H Street, between a 5th and t h

Streets, in front of the Henry Miller Plaza. The request includes placement ofbarricades on the east side of the County Fire Department on H Street, to allow roadaccess to the fire trucks. Please reference the attached letter from the St. John'sEvangelical Lutheran Church.

Discussion:Please reference the attached letter, map, and event announcement provided by the St.John's Evangelical Lutheran Church.

Fiscal Impact:No fiscal impact.

Reviewed By:

Ste~ily~anager

St.. Jo!m'" Ev.angJi£al £utIlwtan efuvtcIi250 West Adams

Los Banos, CA 93635Rev. Dean H. Nelson, Pastor (209) 826-2474 Coy Roberts, Associate in Ministry

August 09, 2011

To: Los Banos Police Department and City Council

Re: Street Closing for 9/11 Memorial

This letter is to request the closing of H Street on September 11, 2011. We are requesting that H Street

be closed from 7th Street west to, but not including the Merced County Fire Department. We will

appreciate having the street closed from noon to 4:00pm. The memorial service will be held at 2:00pm.

However, there will be visual displays available for viewing the entire afternoon.

Thank you for your kind attention to this request.

Sincerely,

Sondra Palocsayfor St. John's Lutheran Church and the Community ofLos Banos

c: St. John's Council, file

Any Condition

To Donate Please Call

Sondra: 209.612.6224

Any Size

Shoes, Shoes and More Shoes !We Need 3,300 Pair of Shoes!

Why?: for a 9/11 Memorial ServiceWhere: Henry Miller Plaza

;"

......"'''l,''After the service, the shoes will be donated to local charities.

We will dispose of Shoes that cannot be worn.Sponsored by St.John's Lutheran Church with the help of Los Banos churches, service organizations, businesses,Los Banos Tea Party Patriots and many, many caring citizens.

-'

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TO:

FROM:

DATE:

Agenda Staff Report

Mayor & City Council Members

Lucy Mallonee, CMCCity Clerk/Human Resources Director

August 17, 2011

SUBJECT: Approval of a Side Letter/Contract Extension through June 30, 2012 byand between the City of Los Banos and the Los Banos Police Sergeants'Association (LBPSA)

TYPE OF REPORT: Consent Agenda Item

Recommendation:Adopt the Resolution approving the Side Letter/Contract Extension through June 30,2012 by and between the City of Los Banos and the LBPSA.

Discussion:The City has bargained in good faith with the LBPSA and reached agreement on a SideLetter/Contract Extension through June 30, 2012. There are a few minor changes tothe existing Memorandum of Understanding (MOU), which clarify department practicesand city polices. Merit increases remain suspended and salary ranges remain thesame.

Attached are the resolution and the Side Letter/Contract Extension for your review andconsideration of approval.

ath, City Manager

Attachments:Resolution

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THECITY OF LOS BANOS APPROVING AMEMORANDUM OF UNDERSTANDING BY ANDBETWEEN THE CITY OF LOS BANOS AND THELOS BANOS POLICE SERGEANTSASSOCIATION

WHEREAS, the City Council of the City of Los Banos has received a request toapprove a Memorandum of Understanding by and between the City of Los Banos andthe Los Banos Police Sergeants Association; and

WHEREAS, the Memorandum of Understanding will be in effect from February1, 2011 to June 30, 2012.

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

PASSED AND ADOPTED this 1ih day of August 2011, at a regular meeting ofthe City Council by the following vote:

AYES: Council MembersNOES:ABSENT:

APPROVED:

Michael Villalta, Mayor

ATTEST:

Lucille L. Mallonee, City Clerk

"EXHIBIT A"

CONTRACT EXTENSION BETWEEN CITY OF LOS BANOS AND OE3ILBPSA

SIDE LETTERBETWEEN CITY OF LOS BANOS

AND OPERATING ENGINEERS'LOCAL 3,REPRESENTING THE LOS BANOS POLICE SERGEANTS' ASSOCIATION

RE: CONTRACT EXTENSION FY2011-12

This Side Letter is between the City of Los Banos (hereinafter called "City") and theOperating Engineers, Local 3 representing the Los Banos Police Sergeants' Association(hereinafter called "Union") and shall apply to all employees of the City working in theclassifications set forth in the Memorandum of Understanding (MOD) between the Cityand the Union, with reference to the following recitals:

A. WHEREAS, the City has faced ongoing- challenging economic and fiscalcircumstances;

B. WHEREAS, the City and the Union desire to extend the current MOU in place forthe following 2011-12 fiscal year;

NOW THEREFORE, the salaries, hours, fringe benefits and working conditions set forthhave been mutually agreed upon by the designated bargaining representatives of the Cityand the Union, as follows:

1. The City and the Union agree to extend the MOU between the parties which isscheduled to expire on June 30, 2011. The MOU will be extended from June 30,2011 to June 30, 2012, and shall be amended as follows:

SECTION 1 - Preamble

This Memorandum of Understanding is entered into by the City of LosBanos (hereafter referred to as the City) and Operating Engineers Localunion No.3, representing the Los Banos Police Sergeants' Association(hereafter referred to as the Union). The term will be July 1, 2-Q..l.Q-2011andthrough June 30, ;w.H 2012. Employees defined for the purpose of thisMemorandum of Understanding will mean a full time Police Sergeant.This Memorandum of Understanding is subject to Section 3500-3510 ofthe Government Code of the State of California otherwise known as the"MME" Act, the City of Los Banos Municipal Code, and Resolution No.1719.

Page 1 of5


SECTION VII - .Benefits

B. Cafeteria Plan

The City will maintain a Cafeteria Plan, pursuant to Section 125 of theInternal Revenue Code, for the purpose ofproviding employees withaccess to various health and welfare benefits. Benefits available throughthe Cafeteria Plan include, but are not limited to, medical insurance,flexible spending accounts for out-of-pocket medical expenses anddependent care, vision insurance, dental insurance and life insurancebenefits. The City agrees to provide a Cafeteria Plan Allowance to allemployees eligible to participate in City-sponsored health benefits underSection A of this Article.

1. For employees hired before July 1,2010, the City will provide, on amonthly basis, a Cafeteria Plan Allowance in the following amount:

a. Up to a maximum of the premium for the Blue Shield HMOplan for the employee's selected level of coverage (i.e.,employee only, employee plus one or employee plus family);

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 up to a maximum of $72.92 $73.00 per month for the

employee's selected level of coverage for City vision anddental plans combined;

e. Minus the equivalent of2.5% of the individual employee'ssalary.

2. The City agrees to grandfather employees enrolled in PERSCare as ofJuly 1,2010. Between July 1,2010 and December 31,2010, or uponthe employee's change in healthcare coverage due to a qualifyingevent (whichever occurs first), the City will provide, on a monthlybasis, a Cafeteria Plan Allowance in the following amount:

a. Up to a maximum of the premium for the PERSCare PPO planfor the employee's selected level of coverage (Le., employeeonly, employee plus one or employee plus family);

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 up to a maximum of $72.92 per month for the employee's

selected level of coverage for City vision and dental planscombined;

e. Minus the equivalent of2.5% of the individual employee'ssalary.

Page 2 of5


3. For employees hired on or after March 17,2010, the City will provide,on a monthly basis, a Cafeteria Plan Allowance, based on theemployee's level of health care coverage as provided below, minus theequivalent of2.5% of the individual employee's salary:

In 2010:

Employee Only: $566.02[2010: $586.02 (Health) - $105 (PEMHCA) + $85(DentalNision/Life)]

Employee plus One: $1034.83[2010: $1,054.83 (Health) - $105 (PEMHCA) + $85(DentaINision/Life)]

Employee plus Family: $1198.92[2010: $1,218.92 (Health) - $105 (PEMHCA) + $85(DentalNision/Life)]

In 2011:

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

4. Effective July 1,2010, the dental and vision program providedpursuant to Resolution No. 2314 will be discontinued. Employeesmust submit claims for 2009-10 fiscal year by July 30, 2010 (claimsmust be dated June 30, 2010 or earlier). On August 5,2010, anyremaining funds provided pursuant to Resolution No. 2314 will bepaid to the employee in the form of a separate check. Dental andvision plans will be available through the Cafeteria Plan.

5. Any increase to minimum monthly employer contribution underPEMHCA will result in a corresponding decrease in the employee'sCafeteria Plan Allowance.

6. Employee enrollment in dental, vision and life insurance plans offeredby the City is mandatory.

7. Effective July 1,2010, employees who opt out of medical planssponsored by the City, and who provide proof of medical coverage in agroup plan, will receive a Cafeteria Plan Allowance of $485 permonth, 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.

Page 3 of5

CONTRACT EXTENSION BEtwEEN CITY OF LOS BANOS AND OE3ILBPSA

SECTION IX - Pay Rates and Practices

G. Comp Time

Police Sergeants are permitted to accumulate a maximum amount of one hundredtwenty (120) hours compensatory time. Sergeants may cash out compensatorytime in excess of fifty-six (56) hours, up to a total of sixty-four (64) hoursmaximum cash out annually, to be paid on June 5th and December 20th

• Cash outof compensatory time will be paid by separate check upon request.

Comp Time will be handled in accordance with provisions outlined in the City'sCompensatory Time Off (CTO) Policy, refer to City of Los Banos Policy Manual.

SECTION XII - TERM

The term of this Memorandum of Understanding will commence July 1,2010, and will expire June 30, 2011 June 30, 2012, except as otherwiseprovided in this Memorandum of Understanding.

2. All other compensation will remain status quo during the period of time that thecontract is extended, until June 30, 2012.

3. The parties agree that any and all tentative agreements are hereby incorporated.Any outstanding proposals not agreed to are hereby withdrawn by the parties.Language in the MOD between the parties not changed by this tentativeagreement shall remain unchanged.

4. The statements made in Paragraphs A through B inclusive are incorporated intothis agreement.

6. This tentative agreement is subject to ratification by the bargaining unit andapproval by the Los Banos City Council.

Page 4 of5

".


IN WITNESS WHEREOF, the parties hereto have caused their duly authorizedrepresentatives to execute the within tentative agreement this __ day of ___:,2011.

...~...

Dated: :1 -- J." \ l

RATIFIED:LBPSA

FOR THE CITY OF LOS BANOS

JA-Steve Rath, Ci~l .~anager

Dated: 8.~

APPROVED:CITY COUNCILCITY OF LOS BANOS

By:Michael Villalta, Mayor

ATTEST: _Clerk Lucille L. Mallonee

Page 50f5

TO:

FROM:

DATE:

SUBJECT:

Agenda Staff Report


Steve Rath, City Manager

August 17, 2011

Alternative Voluntary Redevelopment Program

TYPE OF REPORT: Public Hearing

Recommendation:

Staff is requesting the the City Council continue the Public Hearing to September 7, 2011 toallow staff to further research the matter.

Reviewed by:

TO:

FROM:

DATE:

SUBJECT:

At the Crossroads of California

Agenda Staff Report


Steve Rath, City Manager

August 3, 2011

Alternative Voluntary Redevelopment Program

TYPE OF REPORT: Public Hearing

Recommendation:

Staff is requesting the the City Council continue the Public Hearinstaff to further research the matter.

Reviewed by:

Attachment:

Public Hearing Notice

TO:

FROM:

DATE:

Agenda Staff Report

Mayor & City Council Me(\/

Chet Guintini, Fire ChietJ(:f

August 10, 2011

SUBJECT: RFP for release of ground ambulance services

TYPE OF REPORT:

Recommendation:

Agenda Item I Information Only

Chuck Baucom from Merced County Department of Public Health will be providing apower point presentation in regard to upcoming ground ambulance service RFP to theCouncil. The presentation is to inform the Council of the RFP and the details of the newcontract and services provided throughout the county and individual cities.

Fiscal Impact:

There is no fiscal impact.

Reviewed by:

Stev~ity ;"nager

Staff Report- RFP Release of Ground Ambulance Services (OB-10-11).doc

Ground Ambulance & Ground Ambulance & Secondary PSAP RFPSecondary PSAP RFP

Presented to the Los Banos City Council, August 17, 2011

BackgroundBackground

County is charged with oversight of prehospital Emergency Medical Services (EMS) (H&SC 1797.200; 1797.204)EMS Agency designated within Health Department by County OrdinanceCharged with planning, implementation, evaluation and oversight of advanced life support programs (H&SC 1797.206)EMS Agency authorized to establish exclusive operating area(s) (EOA) for purpose of managing EMS system (H&SC 1797.224)EOAs established in 1991 with Riggs and Turlock Ambulance Services via the “grandfathering” provision of 1797.224

Background, cont.Background, cont.

Riggs Ambulance has served this area since 1948Turlock Ambulance began serving North county in 1964AMR bought Turlock Ambulance late 90’sWest Side Hospital District (WSHD) Ambulance had served greater Gustine‐Newman area since 1984State determined neither RAS nor AMR met qualifications for “grandfathering”Loss of State action immunity for federal antitrust laws if not bid2002 began first Request for Proposals for ground ambulance & secondary PSAP service

Background, cont.Background, cont.

County desired to have one contractor for entire CountyCompromise with WSHD made them sub‐contractor to the winning bidderAMR and Riggs bid on the County RFPConsultant (The Abaris Group) retained three expert panelists to review bids and make recommendation to BOS & EMS AgencyRiggs was recommended to the CountyNew contract for service began September 1, 2003State requires exclusive contracts to be re‐bid “periodically,” which has been defined by the state as not greater than 10 years

Areas for ConsiderationAreas for Consideration

Response time performance standards

Patient care standards, Quality improvement program

Commitment to excellence (CAAS, etc.)

Innovation in service delivery

State of the art technology, Fleet management

Customer service practices

Investment in employees, e.g. training, benefits, etc.

Educational commitment

Rates, Charity care program, collaboration with stakeholders

Other thoughts?

Process & Timeline for New RFPProcess & Timeline for New RFP

Jan March - May Jun Jul Aug Sept Oct Nov Dec

Issue RFP for Ambulance procurement process consultant

Finalize RFP Instrument and submit to the State

Receive state feedback and revise, as needed

Submit request for release of RFP to BOS

Review and revise initial system standards for RFP instrument

Submit RFP Instrument to County Counsel and Risk Management for review and comment. Request Letters of Intent from potential Bidders.

Receive Counsel and RM feedback and revise, as needed

Refresh potential bidders list (including the CAA) and submit to Admin. Services

Jan Feb Mar Apr May Jun Jul Aug Sep

Release RFP, Conduct Bidder's Conference

Bidder's preparing proposals

Receive Proposals, evaluate

Submit Contract to BOS for Review

Receive written questions as submitted to Admin. Services and prepare responses

Confirm all necessary liaison positions, committee assignments, etc.

Meet with all key personnel for contractor and review expectations and reporting requirements

Select successful bidder and submit Intent to Award to BOS

Negotiate Contract

Receive input from stakeholder meetings and incorporate appropriate comments and concerns into RFP instrument

Conduct townhall meetings in each city and in each BOS District. Meet with key stakeholders, e.g. Board members,

fire, hospitals, law enforcement, etc.

Timeline & Process for Second Ground Ambulance & Secondary PSAP RFP

Receive questions and prepare responses

Finalize methodology for contract compliance evaluation and adjust policies, as needed

2012

Receive bids and select consultant

Initial meeting with consultant - review timeline, process and finalize

Contract initiation on 09/01/2012

2011

SummarySummary……

Consultant to provide for process objectivity & expertiseStrategic Planning with system participantsFeedback from town hall and stakeholder meetingsReview and incorporation of appropriate “best practices”Must be realistic in light of current economy and reimbursement issuesToo stringent means limited interest, recipe for failureNot driven by price, more on quality of servicesProposal review panel key to success – must be objective and well versed in their area of expertise (no conflict of interest)New potential contract term – 9/1/2012 – 8/31/2021

MercedAtwater

Livingston

Los Banos

Dos Palos

Gustine

Hwy 99

Hw

y 59

Hwy 152

Hw

y 16

5

Interstate 5

Hwy 140

Zone 24C/D

Zone 24B

Zone 24A

Merced County Ground AmbulanceExclusive Operating AreaWith Required Response Times & Compliance Zones

Compliance Zones

Highways

Municipalities

< 10 Min.

< 12 Min.

< 15 Min.

< 20 Min.

< 40 Min.

MercedAtwater

Livingston

Los Banos

Dos Palos

Gustine

Zone 24C/D

Zone 24B

Zone 24A

140

152

165

I-5

9959

2009 9-1-1 Response Frequency DistributionWithin EMS Grid System

Highways

Comp_Zones_2008

Municipalities

1 - 5 responses

5 - 50

50 - 250

250 - 500

500 - 1772

3D Representation of 9-1-1 Response Frequency Distribution

3D Representation of 2010 Population Density within Census Blocks

Public InputPublic Input……

\

Law Offices of

WILLIAM A. VAUGHN

:i..',

Telephone

209-826-3531

DATE:

TO:CC:

FROM:

525 J Street, Suite ALos Banos, CA 93635

MEMORANDUM

August 17,2011

Mayor and City CouncilCity Manager

William A. Vaughn, City Attorney

Facsimile

209-826-2431

RE: Proposed Policy Establishing Standard Procedures For Recognition OfAppointedCity Commissioners

Introduction. The City of Los Banos has six appointive city commissions. Appointedcommissioners voluntarily serve two-year terms of office with a maximum of two full terms.There is no current written policy establishing a standard procedure or criteria for recognizingindividuals serving on these commissions.

Council Member Sousa is requesting the City Council discuss and consider adoption ofstandard procedures for recognition of appointed commissioners.

Discussion. The procedures outlined in the proposed policy are intended to establishstandards for issuing formal recognition for individuals serving on appointive city commissions.

The policy provides for two types of recognition:

First: Newly appointed commission members will be presented with a Certificate ofAppointment and Oath of Office upon taking the oath ofoffice.

Second: Upon leaving office, commission members who have completed at least two fullterms of office will be presented with a Recognition Proclamation at a City Council meeting. Orin the alternative, upon completion of each full term of office, commission members who havecompleted a full term of office will be presented with a Recognition Proclamation at a CityCouncil meeting.

Recommendation. That the Council discuss and consider adoption of the attachedproposed policy entitled "Policy Establishing Standard Procedures For Recognition OfAppointed City Commissioners" or provide further direction to Staff.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOSADOPTING A RECOGNITION POLICY FOR APPOINTED CITY

COMMISSIONERS

WHEREAS, by Ordinance the City of Los Banos has established various CityCommissions; and

WHEREAS, the City Council of the City of Los Banos wishes to establish formalwritten procedures and guidelines to recognize the valuable contribution that members ofcity commissions make to the community.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofLos Banos hereby adopts a policy for recognizing individuals who voluntarily serve oncity commissions as set forth in the attached policy entitled "City of Los Banos PolicyEstablishing Standard Procedures For Recognition ofAppointed City Commissioners."

The foregoing Resolution was introduced at a regular meeting of the City Councilof the City of Los Banos held on the __ day of 2011, by City CouncilMember XXXXX, who moved its adoption, which motion was duly seconded by CityCouncil Member X:X::X::X::X:XX, and the Resolution was adopted by the following vote:

AYES:NOES:ABSENT:

APPROVED:

Michael Villalta, MayorATTEST:

Lucille L. Mallonee, City Clerk

CITY OF LOS BANOSPOLICY ESTABLISHING STANDARD PROCEDURES FORRECOGNITION OF APPOINTED CITY COMMISSIONERS

PURPOSE:

To establish guidelines for formal recognition in support of individuals who serve on CityCommissions.

TYPES OF RECOGNITION AWARDS:

Certificates and Proclamations: Types of recognition include Certificate of Appointmentand Oath of Office and Recognition Proclamations.

REQUEST CATEGORIES:

The City Clerk shall prepare a Certificate of Appointment and Oath of Office andRecognition Proclamations consistent with the categories below. Recognition requestsfor city commissioners not consistent with the categories and/or recognition awardsspecified below must be approved by the City Council.

Appointed Commissioners:

• City Commissioner Appointments: Newly appointed commission members willbe presented with a Certificate of Appointment and Oath of Office upon taking theoath of office.

• Outgoing City Commissioners: Upon leaving office, commission members whohave completed at least two full terms of office will be presented with a RecognitionProclamation at a City Council meeting.

[Alternative]

• City Commissioner Completion of Terms: Upon completion of each full term ofoffice, commission members who have completed a full term of office will bepresented with a Recognition Proclamation at a City Council meeting.

los banos · (continued from august3.2011 and to be continued to september 7.2011) recommendation:...

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