rosbanos...150707 11126/2014 dannyo!day 150733 12/2/2014 city of los banos utility 150734 12/2/2014...

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rosBanos www.losbanos.org

AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS 520 J Street

Los Banos, California

JANUARY 7, 2015

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

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

Sf requiere asisleneia especial para alender 0 participar en esla junta por favor /lame a la oficina de /a Secretaria de /a eludad al (209) 827·7000 a fo menos de 48 haras previas de fa junta.

La Guidad de Los Banos cumpJe con la Acta de Americanos con Deshabilidad (ADA) de 1990.

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

and in the City Clerk's office located at City 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 at www./osbanos,ora. ************ *

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

inspeccion publica en la reunion 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 ef website de la ciudad en \I\I\NVV. fosbanos. ora.

* * * * * * * * *

CALL TO ORDER. 7:00 PM

2, PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council Mernbers)

Faria _, Lewis _, Silveira _, Stonegrove _, Villalta_

Los Banos City Council Agenda - January 7, 2015 of5

4. CONSIDERATION OF APPROVAL OF AGENDA.

5. PRESENTATIONS

A. PROCLAMATIONS RECOGNIZING CITY COMMISSIONERS:

1) David Anderson - Airport Advisory Commission 2) Alan Wilber - Airport Advisory Commission 3) Daniel Beasworrick - Airport Advisory Commission 4) Kathy Ballard - Economic Development Advisory Commission 5) Margaret Edwards - Economic Development Advisory Commission 6) Michael Neu - Parks & Recreation Commission 7) Arkady Faktorovich - Planning Commission 8) Tom Mello - Planning Commission 9) Tom Spada - Planning Commission 10) Susan Toscano - Planning Commission

B. PROCLAMATIONS RECOGNIZING HIGH SCHOOL WESTERN ATHLETIC CONFERENCE (WAC) COACHES OF THE YEAR:

1) Dustin Caropresso, WAC Football Coach of the Year. 2) Lynn Barcellos, WAC Tennis Coach of the Year. 3) Greg Soliz, WAC Volleyball Coach of the Year. 4) Michael Perkins, WAC Soccer Coach of the Year.

C. PROCLAMATION RECOGNIZING MARTIN LUTHER KING JR. DAY.

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

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

A. Check Register for #150705 - #151139 in the Amount of $2,109,546.41.

Recommendation: Approve the check register as submitted.

B. Minutes for the December 3, 2014 City Council Meeting.

Recommendation: Approve the minutes as submitted.

C. Minutes for the December 16, 2014 Adjourned City Council Meeting.

Recommendation: Approve the minutes as submitted.

Los Banos City Council Agenda - January 7, 2015 of 5

D. City Council Resolution No. 5631 - Appointing Members to the Measure P Citizens Oversight Committee.

Recommendation: Adopt the resolution as submitted.

E. City Council Resolution No. 5632 - Rejecting the Bid for the Lease of One New 2015 Model Aerial Truck.


F. City Council Resolution No. 5633 - Adopting a Revised Budget for the Fiscal Year 2014-2015 As it Pertains to Revenues and Expenditures in the Police Evidence Account.


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

A. Public Hearing - To Receive Public Comment and Consideration of Annexation 2013-01, Prezone #2013-02, Pre-Annexation Development Agreement, and Associated Mitigated Negative Declaration for AMG & Associates, Proposing to Incorporate Approximately 28.5 Acres into the City of Los Banos for Future Development of Industrial Type Uses, Generally Located on the Southeast Corner of Johnson Road and Overland Avenue, Assessor's Parcel Number 081-110-007.

1) Ordinance No. 1124 - Amending the Zoning Map to Pre-Zone Approximately 28.5 Acres Located at the Southeast Corner of Overland Avenue and Johnson Road, Merced County, California, from County General Agricultural (A-1) to Industrial (I) to be Annexed into the City of Los Banos. (Second Reading & Adoption)

2) Ordinance No. 1125 - Approving a Pre-annexation Development Agreement with AMG & Associates, LLC Regarding the Project Commonly Known as the AMG Industrial Business Park Annexation.

(Second Reading & Adoption)

3) City Council Resolution No. 5629 - Requesting the Annexation and PreZone of Approximately 28.5 Acres of Property Located at the Southeast Corner of Overland Avenue and Johnson Road, in the County of Merced, California, More Specifically Identified as Assessor's Parcel Number 082-110-007.

Recommendation: Receive staff report, open public hearing, receive public comment, close the public hearing, and adopt Ordinance Nos. 1124 and 1125, and Resolution No. 5629 as submitted.

Los Banos City Council Agenda January 7, 2015 015

B. Public Hearing - To Receive Public Comment and Consideration of An Ordinance to Regulate Unattended Donation/Collection Boxes.

1) Ordinance No. 1126 - Adding Article 40 Chapter 3 to Title 9 of the Los Banos Municipal Code Relating to Unattended Donations Boxes.

(First Reading & Introduction)

Recommendation: Receive staff report. open public hearing. receive public comment. and introduce the Ordinance as submitted.

9. CONSIDERATION OF THE ADOPTION OF CITY COUNCIL RESOLUTION NO. 5634 - ENTERING INTO THE AGREEMENTS WITH PG&E STREETLIGHT TURNKEY PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT DOCUMENTS.

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

10. INDUSTRIAL PARK PRESENTATION.

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

11. APPOINTMENT OF COMMISSION MEMBERS FOR THE FOLLOWING:

A. Airport Advisory Commission - Three (3) Vacancies

B. Economic Development Advisory Committee - Three (3) Vacancies and Two (2) City Council Member Appointments.

C. Parks & Recreation Commission - Three (3) Vacancies

D. Planning Commission - Four (4) Vacancies

E. Tree Commission - Two (2) Vacancies

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

12. ADVISEMENT OF PUBLIC NOTICES. (One Report)

13. CITY MANAGER REPORT.

14. CITY COUNCIL MEMBER REPORTS.

A. Deborah Lewis

B. Scott Silveira

C. Elizabeth Stonegrove

Los Banos City Council Agenda January 7, 2015 of5

D. Tom Faria

E. Mayor Mike Villa Ita

15. ADJOURNMENT.

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

--£:....-..i. ~ Lucille L. Mallonee, City Clerk Dated this 31 st day of December 2014

Los Banos City Council Agenda January 7, 2015 0f 5

01106/2015 $2,109,546.41 CK # 150705 - 151139 Bank Reconciliation Checks by Date LOS Banos User: sorozco Printed: 12/29/2014 - II :50AM

Cleared and Not Cleared Checks

Print Void Checks

Check Check Date Name

150706 11/26/2014 Nathan Bowling 150707 11126/2014 DannyO!Day

150733 12/2/2014 City of Los Banos Utility 150734 12/2/2014 Merced County Regional Waste Management Authority 150735 12/2/2014 Merced County Regional Waste Management Authority 150736 12/2/2014 Merced County Regional Waste Management Authority 150737 12/2/2014 PERS - Public Employees

150738 12/2/2014 State Water Resources Control Board 150739 12/2/2014 Westamerica Bank - Cafeteria Plan 150741 12/4/2014 Afiae-Customer Service

150742 12/4/2014 AfIae-Customer Service 150743 12/4/2014 Aft ac-Customer Service 150744 12/4/2014 Afiae-Customer Service 150745 12/4/2014 Allied Waste Services #917

150746 12/4/2014 Bank of America 150747 12/4/2014 Bank of America 150748 12/4/2014 Bank of America 150749 12/4/2014 Food 4 Less 150750 12/4/2014 HWY 33 Egg Ranch LLC

150751 12/4/2014 In Shape Health Clubs Inc

150752 12/4/2014 Los Banos Police Assn 150753 12/4/2014 MassMutual 150754 12/4/2014 MassMutual

150755 12/4/2014 Nationwide Retirement Solutions 150756 12/4/2014 Professional Fire Fighter 150757 12/4/2014 State Disbursement Unit 150758 12/4/2014 Vantagepont Transfer Agents - 306797

150759 12/4/2014 Vantagepoint Transfer Agents - 705827 150760 12/4/2014 Vantagepoint Transfer Agents - 801838 150776 12/5/2014 Bank of America 150777 12/5/2014 Timothy Baptista Sr 150778 12/5/2014 Richard A Blak Phd

150779 12/5/2014 Christopher Borchardt 150780 12/5/2014 Dan Bronson 150781 12/5/2014 CSJVRMA

150782 12/5/2014 Marcelino Cortez 150783 12/5/2014 City of Los Banos Escrow Account 150784 12/5/2014 Richard Mancera 150785 12/512014 Merced Sun Star 150786 12/5/2014 Pinnacle Medical Group

'1111> ('1')' .") ,(" ,If "r'(")'I')' , ,-', .( __ " (0.')1( {.!(.~1 !,! ,_.(,l.,O I t.(

Module Void Amount

AP 24.00

AP Void 24.00

AP 30,858.34

AP 2,742.63

AP 64,282.59

AP 3,733.01

AP 116,099.77

AP 24,833.00

AP 227,683.75

AP 95.81

AP 143.95

AP 41.26

AP 48.36

AP 309,350.42

AP 85,726.65

AP 11,158.35

AP 2,670.69

AP 755.94

AP 260,00

AP 606.00

AP 1,915.00

AP 1,332.40

AP 4,992,00

AP 1,665.00

AP 630.00

AP 2,320.50

AP 455.00

AP 25.00

AP 1,700.00

AP 4,333,76

AP 70.46

AP 1,700.00

AP 12.00

AP 150.00

AP 990.56

AP 207.00

AP 1,443.08

AP 12,00

AP 2,836.37

AP 80.00

Check Check Date Name Module Void Amount 150787 12/5/2014 Ronny's Landscaping AP 39,484.37

150788 12/5/2014 Ronny's Landscaping AP 909.11

150789 12/5/2014 Fernando Simas AP 73.76

150790 12/5/2014 Abbott & Kindennann, LLP AP 1,857.74

150791 12/5/2014 Alert-O-Lite, Inc. AP 110.61

150792 12/5/2014 Ameripride Valley Unifonn Services Inc. AP 160.11

150793 12/5/2014 Aramark Unifonn Ser Inc AP 1,077.30

150794 12/5/2014 AT&T AP 360.87

150795 12/5/2014 AT&T AP 425.49

150796 12/5/2014 Gloria Espino Anaya AP 600.00

150797 12/5/2014 Dorothy June Baker AP 52.61

150798 12/5/2014 Bl's Consumers Choice AP 204.00

150799 12/5/2014 Board of Equalization AP 138.00

150800 12/5/2014 Borelli Real Estate Service, Inc. AP 90.00

150801 12/5/2014 BSK Associates AP 940.00

150802 12/5/2014 Manuel A Avila AP 130.41

150803 12/5/2014 Coffee Break Service AP 79.00

150804 12/5/2014 Corneast AP 101.02

150805 12/5/2014 Comeast AP 420.00

150806 12/5/2014 Cook's Communications Corp. AP 2,927.24

150807 12/5/2014 Ismael Cardenas AP 600.00

150808 12/5/2014 Dept. of Industrial Relations AP 225.00

150809 12/512014 Darrell Mello AP 50.00

150810 12/5/2014 Electrical Distributors Co, AP 33.97

150811 12/5/2014 Karen Gonzalez AP 925.00

150812 1215/2014 Heppner Precision Machine AP 134.57

150813 12/5/2014 Home Depot AP 26.88

150814 12/5/2014 Jerry Witt AP 4,138.00

150815 12/5/2014 Lincoln Equipment Inc AP 288.98

150816 12/5/2014 Los Banos Medical Group A Medical Corp. AP 800.00

150817 12/5/2014 Los Banos Rental Yard Inc AP 30.00

150818 12/5/2014 Marfab Inc AP 296.43

150819 12/5/2014 Matson Alann Co Inc AP 180.00

150820 12/5/2014 Kevin Micheal McCarthy AP 179.75

150821 12/5/2014 McNamara Sports Inc AP 27.28

150822 12/5/2014 Napa Auto Parts AP 55.29

150823 12/5/2014 The Office City AP 853.82

150824 12/5/2014 OSE AP 63.06

150825 12/5/2014 Provost and Pritchard Engineering, Inc. AP 4,385.50

150826 12/5/2014 Aymme Pastrana AP 500.00

150827 12/5/2014 Jeremy Rahn AP 135.00

150828 12/5/2014 Donatilo Romero AP 600.00

150829 12/5/2014 Save Mart Supermarkets AP 156.03

150830 12/5/2014 Sherwin Williams Co AP 646.60

150831 12/5/2014 Soares Lumber & Fence Inc AP 90.21

150832 12/5/2014 Sorensens True Value AP 685.82

150833 12/5/2014 Thomas Ochoa AP 1,994.11

150834 12/5/2014 Triangle Rock Products AP 1,024.92

150835 12/5/2014 Monika Sabherwal AP 79.10

150836 12/5/2014 Blossom Valley Realty, JR Souza AP 18.15

150837 12/5/2014 Juan Ramos AP 5.48

150838 12/5/2014 PMZ Real Estate - Heidi Johnson AP 53.61

150839 12/5/2014 James & Amie Horan AP 61.46

Check Check Date Name Module Void Amount 150840 12/5/2014 James Maddox AP 18.15 150841 12/5/2014 Kadie Carter AP 59.07 150842 12/5/2014 Annbertha Loredo AP 15.43 150843 12/5/2014 Kathy or Tony Valdez, Jr AP 23.61 150844 12/5/2014 Arvind Sabherwal AP 67.27 150845 12/5/2014 Amador Leal AP 67.27 150846 12/5/2014 Home Sweet Home Property Management AP 37.24 150847 12/5/2014 Don Newton AP 59.07 150848 12/5/2014 Elio Azevedo AP 67.27 150849 12/5/2014 Jose & Lucille Carvalho AP 12.69 150850 12/5/2014 Jesus Valerio AP 31.79 150851 12/5/2014 Servando & Gabriela Herrera AP 37.27 150852 12/5/2014 Tristin Baea AP 80.91 150853 12/5/2014 Phillip Etcheverry AP 94.54 150854 12/5/2014 Mate! Realtorsl M CE AP 12.69 150855 12/5/2014 DLP Real Estate, Inc. AP 20.87 150856 12/5/2014 Home Sweet Home Property Management AP 62.73 150857 12/5/2014 Ruth Esquivel AP 37.24 150858 12/5/2014 Carolina Moreno AP 107.13 150859 12/5/2014 Verizon Wireless AP 1.53 150860 12/5/2014 Walmart AP 148.00 150861 12/5/2014 Westside Water Conditioning AP 20.00 150862 12/5/2014 Windecker Inc AP 1,390.39 150863 12/5/2014 Young's Air Conditioning AP 95.17 150864 12/5/2014 Bank of America AP 153.10 150865 12/5/2014 Bank of America AP 8.58 150866 12/5/2014 Ascent Aviation Group, Inc. AP 28,219.80 150867 12/5/2014 Fresno Truck Center AP 10,000.00 150868 12/5/2014 Holt of California AP 104,552.28 150869 12/5/2014 P G & E Company AP 110,716.02 150870 12/5/2014 P G & E Company AP 4,340.52 150873 12/9/2014 Bank of America AP 95.88 150874 12/9/2014 Bank of America AP 6.27 150875 12112/2014 Advantage Gear, Inc. AP 3,089.64 150876 12112/2014 Arneripride Valley Unifonn Services Inc. AP 481.08 150877 12112/2014 Aramark Unifonn Ser Inc AP 112.85 150878 12112/2014 Battery Systems, Inc. AP 1,183.72 150879 12/12/2014 Richard A B1ak Phd AP 350.00 150880 12112/2014 Bruce's Tire Inc AP 2,860.12 150881 12112/2014 Bryce Consulting Inc. AP 1,800.00 150882 12112/2014 BSK Associates AP 462.00 150883 12112/2014 Ca Dept of Justice AP 674.00 150884 12112/2014 California Dairies Inc AP 774.88 150885 12112/2014 Cal Traffic AP 1,094.23 150886 12112/2014 Chevron Usa Inc AP 159.76 150887 12112/2014 Manuel A Avila AP 130.41 150888 12112/2014 Central Sanitary Supply AP 138.61 150889 12112/2014 Clark Pest Control Inc AP 93.00 150890 12112/2014 Coffee Break Service AP 74.00 150891 12112/2014 Cook's Communications Corp. AP 3,968.81 150892 12112/2014 Credit Bureau Associates AP 36.00 150893 12112/2014 Dutra's AP 165.00 150894 12112/2014 Electrical Distributors Co, AP 63.42

Check Check Date Name Module Void Amouut 150895 12/12/2014 Employee Relations, Inc. AP 50.00 150896 12112/2014 GCS Environmental Equipment Services AP 2,133.81 150897 12/12/2014 Goodger's Shell & Food Mart, Inc. AP 32.96 150898 12112/2014 Elvira Grimes AP 500.00 150899 12112/2014 Juan Gutierrez AP 600.00 150900 12112/2014 Heppner Precision Machine AP 393.99 150901 12/1212014 Hoffman Electronic Systems AP 225.00 150902 12112/2014 JP's Services AP 85.00 150903 12112/2014 Los Banos Express Oil & Lube AP 568.26 150904 12112/2014 Los Banos Vet Clinic AP 1,384.00 150905 12112/2014 Lucas Business Systems AP 285.46 150906 12112/2014 Marfab Inc AP 657.48 150907 12112/2014 Merced Chevrolet Inc. AP 1,096.96 150908 12112/2014 Merced Sun Star AP 941.94 150909 12112/2014 Merced Truck & Trailer Inc AP 379.38 150910 12112/2014 Merced Unifonn & Accessories AP 2,127.98

150911 12112/2014 Mike John Hausmann AP 565.45 150912 12/12/2014 N & S Dos Palos Tractor AP 216.54 150913 12112/2014 Napa Auto Parts AP 27.19 150914 12112/2014 NDN International LLC AP 317.48 150915 12112/2014 The Office City AP 152.10 150916 12112/2014 OSE AP 502.56 150917 12112/2014 OoTrae AP 71.28 150918 12/12/2014 Protech Security & Electronics, Inc. AP 240.00 150919 12112/2014 Radio Shack Accounts Rec AP 16.19 150920 12112/2014 SJVAPCD AP 1,385.00 150921 12112/2014 Santos Ford Lincoln Mercury, Inc. AP 271.79 150922 12112/2014 Save Mart Supennarkets AP 151.15 150923 12112/2014 Sherwin Williams Co AP 235.66 150924 12/12/2014 Sierra Chemical Co AP 2,727.97 150925 12112/2014 SC Fuels AP 1,798.11 150926 12/1212014 Sorensens True Value AP 498.86 150927 12112/2014 Larry Popolizio AP 317.49 150928 12112/2014 Stericycle, Inc. AP 670.89 150929 12112/2014 Tractor Supply Credit Plan AP 107.92 150930 12/12/2014 Triangle Rock Products AP 1,368.58 150931 12/12/2014 Tulare Firestone AP 21.52 150932 12112/2014 Arvind Sabherwal AP 7.25 150933 12112/2014 Maria and Stanley Jensen AP 5.91 150934 12112/2014 Sloan Realty - Richard Aagel AP 29.06 150935 12112/2014 Joanna Smalley AP 1.78 150936 12112/2014 F emando Barba AP 29.06 150937 12/12/2014 Juan Ornelas Madrigal AP 29.06 150938 12112/2014 Senthil Kumar AP 17.72 150939 12112/2014 Cassinerio Family LLC AP 29.06 150940 12/12/2014 Paula Tilghman AP 45.43 150941 12112/2014 Ignacio Lopez AP 42.70 150942 12112/2014 Shivraj Sandhu AP 68.19 150943 12112/2014 Luis & Amanda Verduzco AP 86.36 150944 12112/2014 Chad Twaddle AP 26.33 150945 12112/2014 Jose Patino AP 48.16 150946 12/12/2014 Juan Pinto AP 97.28 150947 12112/2014 Home Sweet Home Property Management AP 84.56

Check Check Date Name Module Void Amount 150948 12112/2014 Valin Corporation AP 30.38

150949 12112/2014 Windecker Inc AP 297.36

150950 12/12/2014 Young's Automotive AP 1,210.35

150951 12112/2014 DarraH Gargano AP 206.40

150952 12112/2014 Carlos Granillo AP 73.50

150953 12112/2014 Liebert Cassidy Whitmore AP 5,567.50

150954 1211212014 Liebert Cassidy Whitmore AP 450.00

150955 12112/2014 PERS - Public Employees AP 117,642.71

150956 12112/2014 Eugene C. Stockert AP 2,000.00

150957 12112/2014 U.S. Bank Equipment Finance AP 1,890.82

150980 12119/2014 Afiae-Customer Service AP 95.81

150981 12119/2014 Afiae-Customer Service AP 143.95

150982 12/19/2014 Afiae-Customer Service AP 41.26

150983 12119/2014 AfIae-Customer Service AP 48.36

150984 12119/2014 Todd Baker AP 605.00

150985 12119/2014 Bank of America AP 89,271.49



150988 12119/2014 CSG Consultants Inc. AP 19,017.33

150989 12119/2014 Mary Lou Gilardi AP 22.18

150990 12119/2014 Jenell Kirschman AP 434.39

150991 12119/2014 Law Offices of William A Vaughn AP 6,552.50

150992 12119/2014 Los Banos Fitness & AP 740.00

150993 12/19/2014 Los Banos Police Assn AP 1,915.00

150994 12119/2014 MassMutual AP Void 6,324.40

150995 12/19/2014 Merced County Auditor Controller AP 630.00

150996 12/19/2014 Nationwide Retirement Solutions AP 1,665.00

150997 12/19/2014 O'Reilly Auto Parts AP 2,433.63

150998 12119/2014 Professional Fire Fighter AP 630.00

150999 12119/2014 State Disbursement Unit AP 2,320.50

151000 1211912014 US Bank Corp Pymt System AP 10,821.60

151001 12119/2014 Vantagepoint Transfer Agents - 705827 AP 25.00

151002 12/19/2014 Vantagepoint Transfer Agents - 801838 AP 800.00

151003 12119/2014 Vantagepont Transfer Agents - 306797 AP 455.00

151004 12119/2014 Abbott & Kindennann, LLP AP 160.00

151005 12119/2014 ABS Direct, Inc. AP 1,920.97

151006 12119/2014 Steve & Manuela Aldama AP 60.61

151007 1211912014 Ameripride Valley Unifonn Services Inc. AP 160.86

151008 12119/2014 Anthony Gomes AP 825.00

151009 12/19/2014 Aramark Unifonn Ser Inc AP 579.67

151010 12119/2014 AT&T AP 43.20

151011 12119/2014 Bank of New York Mellon AP 2,098.80

151012 12/19/2014 81's Consumers Choice AP 209.00

151013 12/19/2014 8ruce's Tire Inc AP 1,647.59

151014 1211912014 BSK Associates AP 5,969.00

151015 12119/2014 Cal Traffic AP 173.00

151016 12119/2014 Central Valley Toxicology, Inc AP 78.00

151017 12119/2014 Comcast AP 109.46

151018 12/19/2014 Cop Logic, Inc. AP 4,053.00

151019 12119/2014 Copy Shipping Solutions AP 113.19

151020 12/19/2014 CPRS - District V AP 170.00

151021 12119/2014 Critical Reach Inc. AP 435.00

151022 12119/2014 LN Curtis & Sons AP 185.95

Check Check Date Name Module Void Amount 151023 12/1912014 City of Los Banos Utility AP 4,692.62 151024 12119/2014 Charleston Parent Club AP 450.00

151025 12/19/2014 Darrell Mello AP 500.00 151026 12/19/2014 Electrical Distributors Co. AP 312.16 151027 12/19/2014 Fastenal Company AP 1,999.44

151028 12/19/2014 Ferrellgas, Inc. AP 46.50 151029 12/19/2014 Ford Motor Credit Company LLC AP 4,420.32 151030 12/19/2014 GCS Envirorunental Equipment Services AP 808.57 151031 12/19/2014 Galls Inc AP 369.96 151032 12119/2014 Holt of California AP 223.85 151033 12/19/2014 Johnnie's Cleaners AP 156.75

151034 12/19/2014 Kone Inc. AP 600.75 151035 12/19/2014 Los Banos Express Oil & Lube AP 73.74 151036 12/19/2014 Lucas Business Systems AP 644.55

151037 12/19/2014 Liberty Packing Company AP 500.00 151038 12119/2014 Marfab Inc AP 353.47 151039 12/19/2014 MassMutual AP 1,332.40

151040 12/19/2014 MassMutual AP 4,992.00

151041 12119/2014 Merced Truck & Trailer Inc AP 104.71 151042 12/19/2014 Napa Auto Parts AP 787.61 151043 12/19/2014 NLR, Inc. AP 356.00 151044 12119/2014 The Office City AP 884.75 151045 12119/2014 OSE AP 2,128.74 151046 12/19/2014 American Future Systems, Inc. AP 299.00 151047 12/19/2014 Pro Clean Supply AP 192.28 151048 12119/2014 Recall Secure Destruction Services Inc AP 431.69 151049 12/19/2014 Anthony Fredrick Sanchez AP 607.19 151050 12119/2014 Santos Ford Lincoln Mercury, Inc. AP 319.19 151051 12119/2014 Springbrook Software, Inc. AP 1,063.00 151052 12119/2014 Sorensens True Value AP 567.06 151053 12/19/2014 Sprint Solutions, Inc. AP 759.81 151054 12/19/2014 StommeJ, Inc. AP 1,058.32 151055 12/19/2014 Toscano Upholstery AP 269.46 151056 12119/2014 Home Sweet Home Property Management AP 69.44 151057 12119/2014 Anderson Homes AP 18.91 151058 12119/2014 Anderson Homes AP 107.52 151059 12119/2014 Coldwell Banker AP 90.46 151060 12119/2014 Coldwell Banker AP 35.46 151061 12/19/2014 Noel Or Guadalupe Kemp AP 56.18 151062 12/19/2014 Miguel Masso AP 600.00 151063 12/19/2014 U.S DEPT OF AGRICULTURE AP 68.10 151064 12/19/2014 Joshua & Yvette Adams AP 59.07 151065 12/19/2014 Aldina Real Estate, John Maciel AP 29.06 151066 12/19/2014 Home Sweet Home Property Management AP 18.17 151067 12/19/2014 Annie Song AP 33.50 151068 12/19/2014 Timoteo Urberuaga AP 56.36 151069 12/19/2014 Cassinerio Family AP 29.06 151070 12/19/2014 Ruby Naranjo AP 81.85 151071 12/19/2014 Liliana Reyes AP 74.23 151072 12/19/2014 Daniel Palenno AP 56.18 151073 12119/2014 Andrea Lahocki AP 56.37 151074 12/19/2014 Scott and Rosie Randles AP 66.14 151075 12/19/2014 TRS OP's LLC AP 77.32

Check Check Date Name Module Void Amount 151076 12/19/2014 Sharad Singh AP 77.32

151077 12/19/2014 Ryan Johnson AP 39.98

151078 1211912014 TrungTran AP 2.72

151079 12119/2014 Anthony Freitas AP 32.73

151080 12119/2014 Kelly Welch AP 45.43

151081 12119/2014 David Gould AP 148.86

151082 12119/2014 Trinidad Moreno AP 17.81

151083 12119/2014 Michael Torrello AP 12.36

151084 12119/2014 Cristina Vargas AP 2.58

151085 12/19/2014 RaqueJ Gaona AP 52.73

151086 12/19/2014 SUTTER HEALTH AP 11.88

151087 1211912014 Tomra Sorting Solutions AP 16.41

151088 12119/2014 Sharon Scagliotti AP 31.79

151089 12119/2014 Raul Trujillo AP 59.07

151090 12119/2014 Patty Dong AP 40.01

151091 12/19/2014 Mate1 Rea1torsl MCE AP 81.85

151092 12119/2014 Djavad Amiri AP 9.96

151093 12119/2014 Maria Carrillo AP 7.24

151094 12119/2014 Masonite Los Banos AP 85.99

151095 12119/2014 Home Sweet Home Property Management AP 18.15

151096 1211912014 Home Sweet Home Property Management AP 38.19

151097 12119/2014 Sloan Realty - Richard Angel AP 94.54

151098 12119/2014 Tim Jarrett AP 54.93

151099 12119/2014 Westside Water Conditioning AP 2,206.54

151100 12119/2014 Windecker Inc AP 18,194.88

151101 12/19/2014 Young's Air Conditioning AP 300.00

151102 12119/2014 Young's Automotive AP 999.71

151103 12/22/2014 PERS - Public Employees AP 118,175.50

151104 12/23/2014 ABS Direct, Inc. AP 5,971.68

151105 12/23/2014 Allied Waste Services #917 AP 306,100.28

151106 12/23/2014 Aramark Unifonn Ser Inc AP 548.91

151107 12/23/2014 AT&T AP 765.54

151108 12/23/2014 Brinks Inc. AP 533.86

151109 12/23/2014 BSK Associates AP 938.00

1511 10 12/23/2014 Central Sanitary Supply AP 583.46

151111 12/23/2014 Clark Pest Control Inc AP 145.00

151112 12/23/2014 Coffee Break Service AP 213.00

151113 12/23/2014 Corneast AP 94.14

151114 12/23/2014 Corneast AP 420.00

151115 12/23/2014 Cook's Communications Corp. AP 807.52

151116 12/23/2014 Hi Tech Emergency Vehicle Services, Inc AP 246.49

151117 12/23/2014 Los Banos Ministries AP 152.50

151118 12/23/2014 Steve Macillas AP 52.50

151119 12/23/2014 Mattress Store AP 2,694.60

151120 12/23/2014 Merced County Law Enforcement Chiefs Association AP 100.00

151121 12/23/2014 OUell Engineering AP 1,000.00

151122 12/23/2014 The Office City AP 404.89

151123 12/23/2014 OnTrac AP 46.67

151124 12/23/2014 P G & E Company AP 3,644.97

151125 12/23/2014 Pinnacle Medical Group AP 230.00




Check Check Date Name 151129 12/2312014 Pitney Bowes Inc

151130 12/23/2014 Provost and Pritchard Engineering, Inc. 151131 12/23/2014 Scott Savage

151132 12/23/2014 Save Mart Supennarkets

151133 12/23/2014 Sorensens True Value

151134 12123/2014 Spriggs Inc.

151135 1212312014 Sprint Solutions, Inc.

151136 12123/2014 Super Products LLC

151137 12/23/2014 Terryberry Company LLC

151138 12/23/2014 Verizon Wireless 151139 12123/2014 Jennifer Williams

Break in check sequence due to the following:

Check # 150708 -150732 (Payroll)

Check# 150740 (Payroll)

Check# 150761 - 150775 (Payroll)

Check# 150871 (Payroll)

Check# 150872 (Void)

Check# 150958 - 150979 (Payroll)

Module Void Amount AP 453.60

AP 1,671.50

AP 280.00

AP 89.60

AP 50.19

AP 692.83

AP 759.81

AP 16,068.94

AP 65.57

AP 208.43

AP 605.00

Total Void Check Count: 2

Total Void Check 6,348.40

Total Valid Check Count: 367

Total Valid Check 2,103,198.01

Total Check Count: 369

Total Check Amount: 2,109,546.41

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES

DECEMBER 3,2014

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

CALL TO ORDER: Mayor Villa Ita called the City Council Meeting to order at the hour of 7:02 PM.

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

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

STAFF MEMBERS PRESENT: City Attorney Vaughn, City Manager Carrigan, City Clerk/Human Resources Director Mallonee, City Treasurer/Accountant I Brazil, Police Chief Brizzee, Acting Fire Chief Marrison, Finance Director Williams, Public Works Director/City Engineer Fachin, Information Technology Director Spalding, Assistant Planner II Elms.

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

CONSIDERATION OF CERTIFICATION OF VOTE OF MUNICIPAL ELECTION, NOVEMBER 4, 2014.

CITY COUNCIL RESOLUTION NO. 5626 - CERTIFYING RESULTS OF THE MERCED COUNTY GENERAL ELECTION HELD IN THE CITY OF LOS BANOS ON NOVEMBER 4,2014 AS IT PERTAINS TO THE ELECTION OF THE MAYOR, CITY COUNCIL MEMBERS, CITY CLERK AND CITY TREASURER. Motion by Lewis, seconded by Faria to approve City Council Resolution No. 5626 - Certifying Results of the Merced County General Election held in the City of Los Banos on November 4, 2014 as it Pertains to the Election of the Mayor, City Council Members, City Clerk and City Treasurer. The motion carried by the affirmative action of all City Council Members present.

CITY COUNCIL RESOLUTION NO. 5627 - CERTIFYING RESULTS OF THE MERCED COUNTY GENERAL ELECTION HELD IN THE CITY OF LOS BANOS ON NOVEMBER 4,2014 AS IT PERTAINS TO MEASURE S, BY-DISTRICT VOTING FOR CITY COUNCIL MEMBERS. Motion by Lewis, seconded by Faria to City Council Resolution No. 5627 - Certifying Results of the Merced County General Election held in

the City of Los Banos on November 4, 2014 as it Pertains to Measure S, By-District Voting for City Council Members. The motion carried by the affirmative action of all City Council Members present.

ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIALS: MAYOR MICHAEL VILLAL TA. COUNCIL MEMBERS TOM FARIA AND SCOTT SILVEIRA. CITY TREASURER MARTHA BRAZIL. City Clerk Mallonee administered the oaths of office to Mayor Villalta, Council Members Faria and Silveira, and City Treasurer Brazil.

REORGANIZATION OF CITY COUNCIL - SELECTION OF MAYOR PRO TEM. Motion by Villalta, seconded by Silveira to select Council Member Faria as Mayor Pro Tem. The motion carried by the affirmative action of all City Council Members present.

Mayor Villalta acknowledged the Los Banos Boy Scout Pack in attendance at the meeting tonight.

PUBLIC FORUM. (MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY COUNCIL; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE.) BERTHA FARIA, Los Banos Chamber of Commerce, reminded all about the upcoming holiday events: Downtown Association Merchants Event December 4, 2014 and December 5, 2014 Annual Christmas Parade; AMANDA BAKER, Los Banos Parks & Recreation, spoke regarding the upcoming Breakfast with Santa Event being held on December 6, 2014; SANTA CLAUS spoke regarding how he hoped to see all at the upcoming holiday events; JIM VALENTINE, Los Banos Kiwanis Club, spoke regarding Christmas Eve Dinner on December 25, 2014 from 11 AM - 2 PM inviting all to help out or join in the dinner. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Silveira, seconded by Faria to approve the consent agenda as submitted: Check Register for #150450 - #150705 in the Amount of $514,433.18; Minutes for the November 19, 2014 City Council Meeting. The motion carried by the affirmative action of all City Council Members present.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF ANNEXATION 2013-01. PREZONE #2013-02. PRE-ANNEXATION DEVELOPMENT AGREEMENT. AND ASSOCIATED MITIGATED NEGATIVE DECLARATION FOR AMG & ASSOCIATES, PROPOSING TO INCORPORATE APPROXIMATELY 28.5 ACRES INTO THE CITY OF LOS BANOS FOR FUTURE DEVELOPMENT OF INDUSTRIAL TYPE USES. GENERALLY LOCATED ON THE SOUTHEAST CORNER OF JOHNSON ROAD AND OVERLAND AVENUE. ASSESSOR'S PARCEL NUMBER 081-110-007; CITY COUNCIL RESOLUTION NO. 5628 - APPROVING MITIGATED NEGATIVE DECLARATION (SCH #201491056) ASSOCIATED MITIGATION MONITORING PROGRAM FOR AMG & ASSOCIATES. LLC; ORDINANCE NO. 1124

- AMENDING THE ZONING MAP TO PRE-ZONE APPROXIMATELY 28.5 ACRES LOCATED AT THE SOUTHEAST CORNER OF OVERLAND AVENUE AND JOHNSON ROAD. MERCED COUNTY, CALIFORNIA, FROM COUNTY GENERAL AGRICULTURAL (A-1) TO INDUSTRIAL (I) TO BE ANNEXED INTO THE CITY OF LOS BANOS (FIRST READING & INTRODUCTION); ORDINANCE NO. 1125 -APPROVING A PRE-ANNEXATION DEVELOPMENT AGREEMENT WITH AMG & ASSOCIATES, LLC REGARDING THE PROJECT COMMONLY KNOWN AS THE AMG INDUSTRIAL BUSINESS PARK ANNEXATION (FIRST READING & INTRODUCTION); CITY COUNCIL RESOLUTION NO. 5629 - REQUESTING THE ANNEXATION AND PRE-ZONE OF APPROXIMATELY 28.5 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF OVERLAND AVENUE AND JOHNSON ROAD, IN THE COUNTY OF MERCED, CALIFORNIA, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER 082-110-007. Assistant Planner II Elms presented the staff report which included a PowerPoint presentation.

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

There was Council Member and staff discussion regarding when it says they will annex into a Community Facilities District and a Landscape & Lighting District do they get to choose which one, that it is up to the Public Works Director to decide which district it will be in or if one needs to be created, that this particularly one there is one in the area that it will be annexed into and the area needs to be continuous to the one, how the project site shows just the acreage, is there a street or easement between the residential property and the industrial area for which Assistant Planner II Elms stated that once the master plan is done we'll know more.

Motion by Lewis, seconded by Faria to adopt City Council Resolution No. 5628 -Approving Mitigated Negative Declaration (SCH #201491056) Associated Mitigation Monitoring Program for AMG & Associates, LLC. The motion carried by the affirmative action of all City Council Members present.

Motion by Faria, seconded by Lewis to waive the first reading of Ordinance No. 1124 -Amending the Zoning Map to Pre-Zone Approximately 28.5 Acres Located at the Southeast Corner of Overland Avenue and Johnson Road, Merced County, California, from County General Agricultural (A-1) to Industrial (I) to be Annexed into the City of Los Banos. The motion carried by the affirmative action of all City Council Members present.

Motion by Faria, seconded by Lewis to waive the first reading of Ordinance No. 1124-Amending the Zoning Map to Pre-Zone Approximately 28.5 Acres Located at the Southeast Corner of Overland Avenue and Johnson Road, Merced County, California, from County General Agricultural (A-1) to Industrial (I) to be Annexed into the City of Los Banos. The motion carried by the following roll call vote: AYES: Faria, Lewis, Silveira, Stonegrove, Villalta; NOES: None; ABSENT: None.

Motion by Faria, seconded by Lewis to waive the first reading of Ordinance No. 1125 -Approving a Pre-annexation Development Agreement with AMG & Associates, LLC Regarding the Project Commonly Known as the AMG Industrial Business Park Annexation. The motion carried by the affirmative action of all City Council Members present.

Motion by Faria, seconded by Lewis to waive the first reading of Ordinance No. 1125 -Approving a Pre-annexation Development Agreement with AMG & Associates, LLC Regarding the Project Commonly Known as the AMG Industrial Business Park Annexation. The motion carried by the following roll call vote: AYES: Faria, Lewis, Silveira, Stonegrove, Villalta; NOES: None; ABSENT: None.

Motion by Faria, seconded by Lewis to continued consideration of adopt of City Council Resolution No. 5629 - - Requesting the Annexation and Pre-Zone of Approximately 28.5 Acres of Property Located at the Southeast Corner of Overland Avenue and Johnson Road, in the County of Merced, California, More Specifically Identified as Assessor's Parcel Number 082-110-007. The motion carried by the affirmative action of all City Council Members present.

CONSIDERATION OF THE ADOPTION OF CITY COUNCIL RESOLUTION NO. 5630 - APPROVING THE AMENDMENT TO DIVISION 1 - GENERAL OF THE CITY'S POLICY & PROCEDURES MANUAL TO ADD LANGUAGE REGARDING AT-WILL EMPLOYEES. City Manager Carrigan presented the staff report.

Motion by Silveira, seconded by Faria to adopt City Council Resolution No. 5628 -Approving the Amendment to Division 1 - General of the City's Policy & Procedures Manual to Add Language Regarding At-Will Employees. The motion carried by the affirmative action of all City Council Members present.

CONSIDERATION OF PERMANENT SUPPORTIVE HOUSING FACILITY. Assistant Planner II Elms presented the staff report, which included a PowerPoint presentation. City Manager Carrigan spoke regarding homelessness and the involvement of Mr. Coletti.

There was Council Member and staff discussion regarding the facility and are we looking at one facility or one for families, how the existing unit will be purchased with mental health money for mental health families, the City facility would be for families and to designate one unit for as victims domestic violence tenant, how it would nice to a separate house for victims of domestic violence, if the money would go straight to Mr. Coletti and Urban Futures or MCAG, noting it would go towards Urban Futures, and confirmation that the $12,000 is going towards Los Banos grant writing purposes, the process of first identifying a 8-10 unit complex that meets the criteria, approach MCAA and see if they are still interested in an operating and maintenance and then apply for CDBG funding in April 2014.

Motion by Faria, seconded by Lewis to give staff direction to start the process, seek a piece of property, make a deal with MCAA for grant writing in the amount of $12,000

and then apply for grant funding. The motion carried by the affirmative action of all City Council Members present.

CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, DECEMBER 17,2014 DUE TO THE HOLIDAY SEASON. Motion by Lewis, seconded Faria for the cancellation of the Regular City Council Meeting scheduled for December 17, 2014. The motion carried by the affirmative action of all City Council Members present.

ADVISEMENT OF PUBLIC NOTICES, (ONE REPORT) Assistant Planner II Elms stated that a Public Hearing held by the Los Banos Planning Commission on December 10, 2014 to consider and make a recommendation to the Los Banos City Council to adopt a proposed ordinance to regulate unattended donation bins/boxes in an attempt to reduce or eliminate negative impacts of their use in the City of Los Banos.

CITY MANAGER REPORT. City Manager Carrigan thanked Rosemarie Souto & Sarah Orozco for the Christmas decorations in the Council Chamber and the Lobby at city hall, thanked Lucy Mallonee and her helpers for putting together the Holiday Open House, spoke regarding another upcoming Turkey give out by Greg Hostetler, announced that Acting Fire Chief Tim Marrison will be our next Fire Chief as of January 1, 2015, noting that he will be sworn in prior to the next City Council Meeting of January 7,2015 at 6 PM with a social hour to follow.

CITY COUNCIL MEMBER REPORTS.

TOM FARIA: Congratulations to Sean Bayard on being recognized as Employee of the Year, to Tim Marrison on being appointed the next Fire Chief, spoke to how the decor at City Hall is beautiful and thanks to those who did it, the Downtown Christmas event December 4, 2014, the Makers Market at the Arts Center on December 5, 2014, the Christmas Parade on December 5, 2014, the upcoming Choral Performances for the local schools, he's very pleased to see that we are moving forward on the homeless issue, looking forward to solving the problem and how HUD is a great organization, and wished all a wonderful holiday season.

DEBORAH LEWIS: Thanked the Mayor and City Council for providing her the honor and privilege as serving as Mayor Pro Tem for the year 2014, congratulations to Tim Marrison on his upcoming appointment to Fire Chief, congratulations to Employee of the Year Sean Bayard, and wished all a very Merry Christmas and for all of you to please be safe for the upcoming New Year.

SCOTT SILVEIRA: Congratulations to Tim Marrison on his upcoming appointment to Fire Chief, to Sean Bayard on being named Employee of the Year, spoke regarding the Kiwanis Club Christmas Eve Dinner at Fire Station No.1, the homeless issue and how we earlier voted to work on a project for the homeless and thanked staff for their work, and wished all a Merry Christmas and happy New Year.

ELIZABETH STONEGROVE: Congratulations to Employee of the Year Sean Bayard for his work and service to the City, to Tim Marrison as the new Fire Chief, spoke regarding the Graffiti Cleanup day held on November 24, 2014 and a special thank you to our city staff especially this being ou r third one this year, especially the Police, Public Works and Recreation Departments, a great turn out, and reminded all about Breakfast with Santa event on December 6,2014.

MAYOR MICHAEL VILLAL TA: Congratulations to Tim Marrison and Sean Bayard, spoke regarding the Downtown Christmas Parade on December 5,2014, the Downtown Merchants Event on December 4, 2014, the Rotary Blub along with Interact held its Annual Empty Bowls event which was very successful with the money raised distributed throughout the community to those in need, wished all a Merry Christmas and happy New Year.

Council Member Silveira spoke regarding the Kiwanis Christmas Eve Dinner and how they will be delivering dinners for those who are shut in.

ADJOURNMENT. The meeting was adjourned at the hour of 8:32 PM to 8:30 AM, Tuesday, December 16, 2014 in the Cesar Chavez Room, Martin Luther King Jr. Child Development Center, and 1624 San Luis Street, Los Banos, California to Conduct a City Council Workshop to Review the Current Status of the City.

APPROVED:

Michael Villalta, Mayor ATTEST:

Lucille L. Mallonee, City Clerk

CITY OF LOS BANOS ADJOURNED CITY COUNCIL MEETING MINUTES

DECEMBER 16, 2014

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 Meeting to order at the hour of 8:32 AM.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Deborah Lewis, Scott Silveira, Elizabeth Stonegrove, Mayor Michael Villalta; Absent: Tom Faria.

STAFF MEMBERS PRESENT: City Clerk/Human Resources Director Mallonee, City Manager Carrigan, Police Chief Brizzee, , Police Commander Reyna, Acting Fire Chief Marrison, Administrative Assitant Gilardi, Public Works Director/City Engineer Fachin, Assistant Public Works Director Pimentel, Finance Director Williams, Information Technology Director Spalding, Assistant Planner II Elms, Planning Technician Benetti

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

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor opened the public forum. No one came forward to speak and the public forum was closed.

CITY COUNCIL WORKSHOP TO REVIEW THE CURRENT STATUS OF THE CITY. City Manager Carrigan conducted the workshop.

ADJOURNMENT. The meeting was adjourned at the hour of 12:50 PM.

APPROVED:



rosBanos Agenda Staff Report

TO:

FROM:

Mayor & City Council Memb~

Tim Marrison, Fire Chief :-;L DATE: January 7,2015

SUBJECT: Measure P Citizens Oversight Committee

TYPE OF REPORT: Consent Agenda

Recommendation:

It is recommended that Council approve the attached Resolution approving the reappointment of Diana Ingram Thurston and Rhonda Rusk to the Measure P Citizens Oversight Committee.

Background:

Ordinance No. 1020 (Measure P) established a seven (7) member Citizens Oversight Committee to represent the community and to insure that Measure P monies are expended as specified in the Ordinance.

The Ordinance also requires the Fire Chief and Police Chief to submit Committee Member names to the City Council for ratificatipn.

Discussion:

The City advertised in the local newspaper for persons interested in serving on the Measure P Citizens Oversight Committee. Staff received four requests from citizens wishing to serve on the Measure P Citizens Oversight Committee, with two of those requests coming from current Committee Members (Diana Ingram Thurston and Rhonda Rusk) requesting re-appointment to the Measure P Committee to serve an

additional term. It has been past practice to appoint members to an additional term when requested.

Chief Brizzee and I are both in agreement with the re-appointment of Diana Ingram Thurston and Rhonda Rusk to serve an additional term.

Fiscal Impact:

No Fiscal Impact.

Reviewed by:

~ u-v2 JA-A..--_

Steve Carrigan, City Manager

Attachments:

Ordinance 1020 Resolution

Staff report - Measure P Committee (01·07·15).doc

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS APPOINTING MEMBERS TO THE MEASURE P CITIZENS OVERSIGHT COMMITTEE

WHEREAS, on November 2, 2004 the voters of the City of Los Banos by more than a two thirds margin approved the Los Banos Police, Fire, Public Safety/911 Special Transactions (Sales) and Use Tax known as "Measure P"; and

WHEREAS, City Council Ordinance 1020 established a Citizens Oversight Committee to review the revenues and expenditures generated and spent under the Los Banos Police, Fire, Public Safety/911 Special Transactions and Use Tax; and

WHEREAS, the Citizens Oversight Committee shall consist of seven (7) individuals who are registered voters within the City of Los Banos; and

WHEREAS, the Police Chief and Fire Chief shall together nominate each committee member to be appointed by a motion of the City Council and adopted by majority vote; and

WHEREAS, the members so appointed shall serve without compensation for a term of three (3) years.

NOW, THEREFORE, BE IT RESOLVED that Diana Ingram Thurston and Rhonda Rusk have been nominated by the Police Chief and Fire Chief to serve on the Los Banos Measure P Citizens Oversight Committee for an additional term.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Los Banos does hereby appoint the following individuals to seJ"lle on the Los Banos Measure P Citizens Oversight Committee:

Diana Ingram Thurston Rhonda Rusk

term ending December 31 , 2017 term ending December 31,2017

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the ih day of January 2015, 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, M~yor

ORDINANCE NO. 1020

AN ORDINANCE OF THE PEOPLE OF THE CITY OF LOS BANOS, CALIFORNIA, AMENDING TITLE 3, "REVENUE AND FINANCE," OF THE LOS BANOS MUNICIPAL CODE BY ADDING CHAPTER 12.1, "LOS BANOS POLICE, FIRE, PUBLIC SAFETY/911 SPECIAL TRANSACTIONS (SALES) AND USE TAX," TO THE LOS BANOS MUNICIPAL CODe

The People of the City of Los Banos do ordain as follows:

Section 1. AMENDMENT TO CODE. Title 3, "Revenue and Finance," of the Los Banos Municipal Code is hereby amended by the addition of Chapter 12.1, "LOS BANOS POLICE, FIRE, PUBLIC SAFETY/911 SPECIAL TRANSACTIONS (SALES) AND USE TAX" to read as follows:

"CHAPTER 12.1" Los Banos Police, Fire, Public Safety/911 Special Transactions (Sales) and Use Tax

Sections: 3-12.1.005 3-12.1.010 3-12.1.020 3-12.1.030 3-12.1.040 3-12.1.050 3-12.1.060 3-12.1.070 3-12.1.080 3-12.1.090 3-12.1.100 3-12.1.110 3-12.1.120 3-12.1.130 3-12.1.140 3-12.1.150 3-12.1.160 3-12.1.170 3-12.1.180 3-12.1.190 3-12.1.200 3-12.1.210 3-12.1.220 3-12.1.230

Chapter Title Purposes Operative Date Special Transactions (Sales) Tax Special Use Tax Citizens Oversight Committee Account and Report Maintenance of Effort Revenue Distribution Disposition of Monies Collected; Expenditure Plan Advancement of Funds Specially-Funded Personnel and Purchases Authorization State Requirements Contract with State Place of Sale Additional Permits Not Required Adoption of Provisions of State Law - Generally Adoption of Provisions of State Law - Limitations Exemptions and Exclusions Amendments to State Law Non-Exclusivity Enjoining Collection Forbidden Authority to Amend Termination Date

3"12.1.005 Chapter Title. This Chapter shall be known as the "'LOS BANOS POLICE, FIRE, PUBLIC SAFETY/911 SPECIAL TRANSACTIONS (SALES) AND USE TAX," (the 'Act'). This Chapter shall be applicable in the incorporated territory of the City.

3-12.1.010 Purposes. The People of the City of Los Banos declare that this Chapter is adopted for the special purpose of funding adWlional public safety personnel, supplies and services, capital outlay items, equipment, facilities and technology improvements over the term of the tax imposed under this Chapter ar:d paying for all incidental costs of operating this special transactions (sales) and use tax program, including administration and collections costs reimbursable to the State Board of Equalization, with any unused revenue committed to police and firefighting eqUipment and services.

3-12.1.020 Operative Date. This Chapter shall be effective ten (10) days after certification by the City Council of the returns of the election indicating approval by voters by a two-thirds margin of the Ordinance enacting this Chapter, and the special transactions (sales) and use tax imposed hereunder shall be operative the first day of the first calendar quarter commencing more than 110 days after the adoption of this Chapter. Based on a November 2, 2004 election, the special transactions (sales) and use tax imposed hereunder shall be operative April 1, 2005. Upon notice

to the State Board of Equalization, as required by law, this Chapter may be suspended, and all funding related thereto stopped, if the revenue generated under this Chapter is diverted by the State of California for purposes other than those specifically enumerated herein.

3-12.1.030 Special Transactions (Sales) Tax, For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one-half of one percent (0.50%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after April 1 , 2005.

3-12.1.040 Special Use Tax. An excise tax is hereby imposed on the storage, use, or other consumption in the City of tangible personal property purchased from any retailer for storage, use, or other consumption in the City at the rate of one-half of one percent (0.50%) of the sales price of the property sold on and after April 1, 2005. The sales price shall include delivery charges when such charges are subject to the State sales or use tax regardless of the place to which delivery is made.

3-12.1.050 Citizens Oversight Committee.

A. Pursuant to the Act, there is hereby created a Los Banos Police, Fire, Public Safety/911 Special Transactions (Sales) and Use Tax Citizens Oversight Committee to review the revenues and expenditures generated and spent under this Chapter.

B. Said Committee shall consist of seven (7) members. The Police and Fire Chiefs shall together nominate each committee member. Nominees shall be appointed by motion of the City Council adopted by majority vote.

C. Membership to the Committee shall be restricted to individuals who are registered voters within the City of Los Banos. Elected ofticials at any level of government and employees of the City of Los Banos are ineligible to serve as members of the Committee.

D. The members so apPointed shall serve without compensation for a term of three (3) years. Except that members of the firsUoriginal Committee shall have staggered tenures. Two members will be appointed to a one-year tenm, two members will be appointed to a two-year tenm and three members will be appointed to a three-year term. All subsequent appointments will be for a threeyear term.

E. The Committee shall review the revenues and expenditures generated and spent under this Chapter, and provide its findings to the City Council for approval, in the form of two semi·annual reports, one report (including fourt~ quarter information), shall be submitted no later than October 1 ,I of each year. Unless modified by City Council Resolution, the Committee shall not have any function, power, or authority other than those expressly provided herein.

The Committee shall meet semi-annually or as often as it deems necessary to accomplish the objectives stated in this Chapter.

3·12.1.060 Account and Report. Prior to the adoption of the City budget in June of each year, the City Manager and the Finance Officer shall present to the City Council an account of the tax revenues 'received and expenditures made under this Chapter, and the funds remaining in the accounts established for their respective purposes hereunder. Concurrent with the annual account presentation, the City Manager and Finance Officer shall also report to the City Council that no funds received under this Chapter were spent for purposes other than those authorized by this Chapter.

3-12.1.070 Maintenance of Effort. Notwithstanding any provision to the contrary, revenues received under this Chapter shall not be used to replace general fund expenditures for normal operations at the previous years' levels, nor shall revenues received under this Chapter be used to fund, supplant, or supplement the salaries and benefits of existing personnel or other positions not created under this Chapter.

3-12.1.080 Revenue Distribution. Net revenues received under Section 3-12.1.090 shall be distributed as follows:

A. Tax proceeds sufficient to hire 3 additional firefighter/eml's in year one and 3 additional firefighter/eml's in year two for a total of 6 firefighter/eml's which shall include start up equipment and protective gear not to exceed $4,000 per firefighter, salaries and benefits, merit based wage increases, and up to a 2% annual cost of living adjustment as negotiated per labor agreements and rank adjustments in year two, transitioning 3 firefighters to the rank of Captain to accommodate span of control and training needs.

B. Tax proceeds sufficient to hire 2 additional sworn police officers in year one and 1 additional sworn police officer in year twelve for a total of 3 sworn police officers which shall include start up equipment and protective gear not to exceed $4,000 per officer, salaries and benefits, merit based wage increases, and up to a 2% annual cost of living adjustment as negotiated per labor agreements and 2 police cruisers.

C. Tax proceeds sufficient to hire additional support police staff as follows; 1 additional community services officer in year one and 1 additional community services officer in year eighteen and 1 additional police crime analyst in year three which shall include salaries and benefits, merit based wage increases, and up to a 2% annual cost of living adjustment as negotiated per labor agreements.

D. Tax proceeds will be collected for police and fire facility upgrades and new construction of police, jail, fire and related training facilities. Police facilityfunding starts at $450,000 per year in year two, and increases by a 2% cost of living adjustment annually. Fire facility funding starts at $200,000 per year in year three, and increases by a 2% cost of living adjustment annually.

E. Tax proceeds not to exceed $90,000 in year one and $90,000 in year two will be utilized for specialty fire safety equipment including but not limited to upgrades to "SCBA" breathing apparatus.

F. Tax proceeds will be utilized to acquire and support 911/dispatch capabilities to dispatch emergency and routine police and fire calls through a mobile display computerized process. After initial acquisition of the mobile display dispatch system $100,000 will be allocated in year two and each year thereafter with a 2% cost' of living adjustment to support this process and to fund additional technology, eqUipment, and vehicle upgrades.

3-12.1.090 Disposition of Monies Collected; Expenditure Plan. After deduction of all incidental costs of operating this special transactions (sales) and use tax program, including, but not limited to, administration and collection costs reimbursable to the State Board of Equalization, and in accordance with the distribution allocation set forth in Section 3·12.1.080, all remaining monies collected under and pursuant to the provisions of this Chapter shall not be deposited into the City's general fund, but shall, instead, be deposited and paid into a special account of the City, which is hereby established, and earmarked for the purposes as outlined section 3-12.1.080, and which shall be paid only from the revenues of this account and not from the City's general fund.

Additional funds [after allocating funds as outlined in section 3-12.1.0801 will be allocated to augment public safety services. Additional manpower, eqUipment, services and supplies, capital outlay items and facility needs will be submitted by the police and fire chiefs to the oversight committee and the committee will make funding suggestions to the city manager and City Council. The City Council will then approve and authorize additional expenditures to the benefit of public safety services.

The balance on this special account shall earn interest, which shall be deposited back into the account.

3-12.1.100 Advancement of Funds. The City Council. at its sole and complete discretion. may advance funds from the City's general fund into the special account. established in section 3-12.1.090. in ord"r to accomplish the objectives of this Chapter. Any advancement from the City shall be reimbursed by the special account. to the City. with interest calculated at the same rate 'the City receives in its investment portfolio during the time of the advancement, within twenty-four (24) months of the date of the advance.

3-12.1.110 Specialty-Funded Personnel and Purchases Authorization. Pursuant to the purposes and intent of this Chapter, the hiring of additional personnel and purchases necessary to accomplish the goals of this Chapter are hereby authorized. The City Manager is directed to create a system to designate and classify the employees hired and supplies and services and capital outlay purchases made from the tax revenue generated under this Chapter, as SpeciallyFunded Personnel, Supplies and Services, and Capital Outlay Items, so that City general fund expendilures for public safely are nol reduced or avoided.

3-12.1.120 State Requirements. Pursuant to the requirements oflhe State Board of Equalization, this Chapter is adopted to achieve Ihe following, among olher purposes, and direcls thai Ihe provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions (sales) and use lax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue imd Taxalion Code and Section 7285.91 of Part 1.7 of Division 2 which aulhorizes the Cily 10 adopllhis lax ordinance which shall be operative if a 2/3 majority of the eleclors voting on the measure vote to approve Ihe imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions (sales) and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions (sales) and use tax ordinance Ihat imposes a tax and provides a measure therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes,

D. To adopl a retail transactions (sales) and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions (sales) and use taxes, and at the same time, minimize the burden- of record keeping upon persons subject to taxation under the provisions of this Chapler.

3-12.1.130 Contract with State. Prior to Ihe operative date of Ihis Chapter, as required by State law, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of the special transactions (sales) and use tax imposed under this Chapter; provided, however, that if the City shall not have contracted with the State Board of Equalization prior to the operative date of this Chapter, the Cily shall nevertheless so contract and in such case the operative date of the special sales tax shall be the first day of the first calendar quarter following the execution of such contract.

3-12.1.140 Place of Sale. For the purposes of this Chapter, all retail sales are consummated at the place of business of the relailer, unless .the tangible personal property sold is delivered by the retailer, or his or her agent, to an out-ol-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such chargeS are subject to the State sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State, or

has more than one place of business, the place or places at·which retail sales are consummated shall be determined under the rules and regulations to be prescribed and adopted by the State Board of Equalization.

3·12.1.150 Additional Permit Not Required. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional seller's permit shall not be required by this Chapter.

3·12.1.160 Adoption of Provisions of State Law - Generally. Except as otherwise provided in this Chapter and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 olthe Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

3-12.1.170 Adoption of Provisions of State Law - Limitations. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency. the name of this City shall be substituted therefore. However, the substitution shall not be made when:

1. The word 'State' is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency. officer. or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Chapter.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:

a. Provide an exemption from this special sales tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales. storage. use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;

b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the State under the said provision of that code.

4. In Sections 6701,6702 (except in the last sentence thereof), 6711, 6715, 6737,6797 or 6828 of the Revenue and Taxation Code.

B. The word 'City' shall be substituted for the word 'State' in the phrase 'retailer engaged in business in this State' in Section 6203 and in the definition of that phrase in Section 6203 olthe Revenue and Taxation Code.

3-12.1.180 Exemptions and Exctusions.

A. There shall be excluded from the measure of the special transactions (sales) and use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any State-administered transactions or use tax.

B. There are exempted from the computation of the amount of the special transactions (sales) tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carner for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:

a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and

b. With respect to commercial vehicles, by registration'to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this Chapter.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor Is obligated to lease the property for an amount fixed by the lease prior to the operative date of this Chapter.

5. For the purposes of subparagraphs (3) and (4) of this Section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the special use tax imposed by this Chapter, the storage, use, or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exqlusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code olthe State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this Chapter.

4. If the possession of, or. the exercise of any right or power over, the tangi~le personal property arises under a lease which is a continUing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this Chapter.

5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption. or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. A retailer engaged in business in the City' shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this Chapter may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

3-12.1.190 Amendments to State Law. All amendments subsequent to the effective date of this Chapter to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Chapter, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Chapter.

3-12.1.200 Non-Exclusivity. The special ,sales tax levied under this Chapter is in addition to, not in lieu of, any and all other applicable taxes already in existence.

3-12.1.210 Enjoining Collection Forbidden. No injunction ur writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to. prevent or enjoin the collection under this Chapter, of any tax or any amount of tax required to be collected hereunder.

3-12.1.220 Authortty to Amend. In order to further the purposes and intent of this Chapter, the City Council is authorized to amend this Chapter In the following areas without a further vote of the People:

A. The composition of the Citizens Oversight Committee;

B. Any change required by the State of California as a precondition to the collection of the special tax authorized hereunder; and,

C. The appropriateness to raise and increase, but not to decrease, the number of Specially-Funded Personnel Supplies and Services and Capital Outlay Items authorized under Section 3-12.1.110.

Notwithstanding any provision to the contrary, any proposed change to the tax rate or the disposition of the revenue generated under this Chapter shall be submitted to the "vote of the People."

3-12.1.230 Termination Date. The authority to levy the tax imposed by this ordinance shall not expire except upon repeal by the City Council. The City Council shall consider repeal of the special transactions (sales) and use tax at public hearings in year twenty and every ten years thereafter held for that purpose.

Section 2. EFFECTIVE DATE. This Ordinance relates to the levying and collecting of the City transactions (sales) and use tax shall be in full force and effect ten (10) days after the certification by the City Council of the election returns indicating passage of the Ordinance by two-thirds of the voters casting votes in the election.

Section 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The People of the City of Los Banos hereby declare that they would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections. subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 4. PUBLICATION. The City Clerk is directed to cause a copy of this Ordinance to be published in the official newspaper at least once within fifteen (15) days after its approval by the voters.

APPROVED: The foregoing Ordinance was approved by the voters of the City of Los Banos at a special election held on the 20

' day of November 2004, by the following vote tally: Yes: 5,677; No: 1,607.

CERTIFIED: The election results for the foregoing Ordinance was certified by the City Council of the City of Los Banos on the 17th day of November 2004, indicating passage of the Ordinance by two-thirds of the· voters casting votes in the election.

ATIEST:

'£..AA,i.~ Lucille L. Mallonee, City Clerk

LOS Banos Agenda Staff Report

TO: Mayor & City Council Members

FROM: 1m t;J ,

Mark Fachin, P.E., Public Works Director/City Engineer/ ! t,,~f/TLcJ2..~

DATE: January 7, 2015

SUBJECT: Rejection of Bid for One New 2015 Model Aerial Truck

TYPE OF REPORT: Consent Agenda

Recommendation: That the City Council adopt the Resolution rejecting the bid to lease One New 2015 Model Aerial Truck.

Background: The 2014-15 adopted City budget included the lease of a pickup with an aerial lift body to replace a 1999 pickup in the City's inventory. Public Works initiated an Invitation for Sealed Bids to purchase One New Aerial Truck on October 31, 2014. The Invitation for Sealed Bids was publicly noticed in the Los Banos Enterprise. The submitted bid was publicly opened on December 2, 2014.

Discussion: Public Works received one bid proposal. A bid was received from Altec Industries, Inc. with a monthly lease amount of $2,056.16 and a five year total lease price extended in the amount of $123,369.60. The monthly lease amount exceeded the projected budget funding for this truck. A review of the bid documents identified specifications that could be modified or eliminated. A phone survey of the potential bidders list indicated that the City's invitation for sealed bids failed to be properly routed within the dealerships. Staff is working with dealerships to modify the specifications and secure direct contact information of the personnel responsible for handling the commercial fleet bids for the respective dealerships. Staff is preparing the re-bid of the aerial truck with revised bid documents that will include modified specifications.

Fiscal Impact: Rejecting the bid would cost to re-advertise the Invitation for Sealed Bids on the lease of One New 2015 Model Aerial Truck. The budget funding for the lease of the new aerial truck is sufficient to incur the advertising costs.

Reviewed by:


Attachments: Resolution Public Notice Bid Results Sheet

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS REJECTING THE BID FOR THE LEASE OF ONE NEW 2015 MODEL AERIAL TRUCK

WHEREAS, the City of Los Banos received sealed bids for the lease of One New 2015 Model Aerial Truck; and

WHEREAS, the Invitation for Sealed Bids of the lease of One New 2015 Model Aerial Truck was officially opened on December 2,2014; and

WHEREAS, the City of Los Banos received one bid which exceeds the budgeted funding for this truck.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby reject the bid received for the lease of One New 2015 Model Aerial Truck.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the ih day of January 2015, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:

AYES: NOES: ABSENT:

APPROVED:

Michael Villalta, Mayor

ATTEST:


1

INVITATION FOR SEALED BIDS

CITY OF LOS BANOS PUBLIC WORKS DEPARTMENT

411 Madison Avenue Los Banos, CA 93635

(209) 827-7056

NOTICE IS HEREBY GIVEN that the LOS BANOS PUBLIC WORKS DEPARTMENT invites and will receive sealed bids up to the hour of 2:00 P.M. Pacific Standard Time (PST) on Tuesday. December 2. 2014 for the lease of One (1) 2015 Model Aerial Truck with a $1 buyout at the end of the lease period. At said time, said sealed Bid Proposals will be publicly opened and read aloud in the City of Los Banos Council Chambers by the office of the City Clerk at:

Los Banos City Hall

520 "J" Street

Los Banos, California 93635

Questions regarding the Bid Documents are to be directed to Dan Bronson, Public Works Fleet Coordinator, by writing or email at [email protected].

Bid Proposals shall be submitted only on forms provided in the Bid Documents. Bid Proposals shall be in the hands of the City Clerk of the City of Los Banos, 520 J Street, Los Banos, California, 93635 on or before the hour of 2:00 P.M. PST on Tuesday. December 2. 2014. No late bids will be accepted and will be returned unopened. No oral, telegraphic, electronic, facsimile, or telephone Bid Proposal submittals or modifications will be considered. Bid Proposals received after the Bid Proposal submittal deadline will be rejected and returned to the bidder unopened.

The Bid Documents can be obtained from the City of Los Banos website at www.losbanos.org.

The City of Los Banos reserves the right to reject any and/or all Bid Proposals received.

'LOS Banos BID OPENING

THE LEASE OF ONE (1) NEW 2015 MODEL ARIAL TRUCK TUESDAY, DECEMBER 2, 2014@ 2:00 PM

1. Altec Industries, Inc.

Signed: ~ -/2. ~ Lucille L. Mallonee, MMC, City Clerk

$123,369.60 $2,056.16 monthly lease

Dated: December 2, 2014

S ig ned: --"""-;,""-~""--:----=---:-c:--c----::-:---:-Greg p.

To:

From:

Date:

Subject:

LOS Banos Ai tile Cmssmads of Cali((Jrnia . .

Agenda Staff Report

Mayor Villalta and City Council Members

Sonya Willia~nce Director

January 7,2015

Budget Adjustment

Type of Report: Consent Agenda

Recommendation: Staff recommends that the City Council adopt a resolution to revise the budget for the 2014-2015 Fiscal Year as it pertains to changes in expenditures.

Background: The City Council may amend the budget by resolution adjusting the overall appropriation levels in each fund at any time during the fiscal year if there are available funds and council is in agreement with the request to adjust the budget.

Discussion: The Police Department currently maintains an Evidence Payable Account which consists of funds obtained by the Police Department as evidence or as found property. A valid effort is made by the department to return all funds to the rightful owner, once it is not longer required for the purpose of prosecution of a criminal case. If the Police Department is unable to locate the rightful owner, within 90 days, the funds are transferred into Miscellaneous Revenue in the General Fund. The total amount of unclaimed funds is $6,821.56.

Additionally, the Police Department is requesting to purchase a new commercial freezer for the storage of biological samples related to evidence. The cost of the freezer is estimated between $4,000.00 and $5,500.00. The approval of this purchase will allow the Police Department to replace two poorly conditioned freezers prior to any potential malfunction.

Fiscal Impact: The impact would increase General Fund Revenues by $6,821.56 and Expenditures by $5,500.00.

Reviewed by:


Attachments: Resolution

RESOLUTION NO. __

A RESOLUTION OF THE CITY OF LOS BANOS ADOPTING A REVISED BUDGET FOR THE FISCAL YEAR 2014·2015 AS IT

PERTAINS TO REVENUES AND EXPENDITURES

WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the Fiscal Year 2014-2015 budget; and

WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and

WHEREAS, the proposed budget increase is $6,821.56 in revenues for the General Fund Miscellaneous Revenues account (100-000-390-010) and a proposed increase of $5,500.00 in expenditures for Capital Outlay Miscellaneous Equipment account (100-421-140-740); and

WHEREAS, the funds are available for transfer from the Evidence Payable Account;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby amends the 2014-2015 Fiscal Year Budget to include an increase of $6,821.56 in revenue to account 100-000-390-010 and an increase of $5,500.00 to expenditures account 100-421-140-740.

The foregoing resolution was introduced at a regular meeting of the Los Banos City Council held on the yth day of January 2015, by Council Member -=-_~-:--:- who moved for its adoption, which motion was duly seconded by Council Member , and the Resolution was adopted by the following vote:

AYES: NOES: ABSENT:

APPROVED:




TO: Mayor Villa Ita and Council Members

FROM: Stacy Souza Elms, Assistant Planner II~

DATE: January 7,2015

SUBJECT: Second Reading and Adoption of Ordinance Nos. 1124 and 1125 and Adoption of Resolution No. 5629 for Annexation #2013-01 and Pre-Zone #2013-02, and Pre-Annexation Development Agreement for AMG & Associates

TYPE OF REPORT: Public Hearing

Recommendation:

Staff recommends that the City Council:

• Receive presentation of the staff report;

• Open the public hearing and receive public testimony;

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

• Adopt Ordinance No. 1124 amending the Zoning Map to Pre-Zone approximately 28.5 acres located at the southeast corner of Overland Avenue and Johnson Road, Merced County, California, more specifically identified as Assessor's Parcel Number: 081-110-007;

• Adopt Ordinance No. 1125 authorizing the Mayor to execute a PreAnnexation Development Agreement between the City of Los Banos and

AMG & Associates, LLC relative to the property located at the southeast corner of Overland Avenue and Johnson Road, Merced County, California, more specifically identified as Assessor's Parcel Number: 081-110-007;

• Adopt Resolution No. 5629 requesting the Annexation and Pre-Zone of approximately 28.5 acres of property located at the southeast corner of Overland Avenue and Johnson Road, Merced County, California, more specifically identified as Assessor's Parcel Number: 081-110-007.

Background:

The subject project first came before the Los Banos City Council at the December 3, 2014 public hearing at which time the City Council certified the Mitigated Negative Declaration (SCH #2014091056) with the adoption of Resolution No. 5628, waived the first reading of Ordinance Nos. 1124 and 1125 and introduced them by title and considered Resolution No. 5629 to be acted upon at this public hearing.

The project proposal is for the annexation of 28.5 acres into the incorporated City limits for future development of industrial type uses. The subject property is located on the southeast corner of Overland Avenue and Johnson Road. The parcel is surrounded by the incorporated City limits on three sides (east, south, and west) and has been historically used for agriculture.

The Los Banos Planning Commission held a Public Hearing on this matter on November 12, 2014 and recommended approval of Mitigated Negative Declaration (SCH #2014091056), Annexation #2013-01, Pre-Zone #2013-02, and Pre-Annexation Development Agreement for AMG & Associates to the Los Banos City Council for consideration.

Discussion:

Project Location The Project site is located adjacent to the City of Los Banos in Merced County. As depicted on the aerial map, the project site is surrounded by City boundaries on three sides (colored areas). The parcel is approximately 28.5 acres and is bound by Overland Avenue to the north (unincorporated), developed residential property to the east, partially developed Industrial property to the south, and Johnson Road and Kagome Food Processing to the west.

Environmental Assessment Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, an Initial Study was prepared to identify and assess potential environmental impacts as a result of this project. Through the Initial Study, staff determined that the project would not result in any significant adverse affects with the incorporation of mitigation measures.

Staff prepared a Notice of Intent for Mitigated Negative Declaration (SCH #2014091056) which was posted at the Merced County Clerk's Office and sent to the State Clearinghouse for circulation and review by various agencies on September 19, 2014 and closed on October 20, 2014. The Notice of Intent was also published in the Los Banos Enterprise on September 19, 2014 to allow the public to comment on the Initial Study/Mitigated Negative Declaration. Comment letters were received by the Department of Transportation and the Central Valley Regional Water Quality Control Board. The letters are included as an attachment to the staff report.

A Mitigated Negative Declaration is appropriate when an initial study has been prepared and a determination can be made that no significant environmental effects will occur because mitigation measures will be implemented which will reduce all potentially significant impacts to less than significant levels.

Applicable mitigation measures have been incorporated into the Mitigation Monitoring Program and have reduced any potential impacts to less than significant.

ANNEXATION ANALYSIS

The proposed annexation provides a logical boundary, as required by Merced County LAFCo annexation policies. The annexation area is an in-fill of an area south of Overland Avenue. Land to the east, south, and west of the property are already within the City limits, and the project site is presently the only area on the south side of Overland Avenue between Mercey Springs Road and Johnson Road that is not within the City limits. The annexation request includes the entire right-of-way width of Overland Avenue. If the City approves the annexation request, a formal application will be made to LAFCo for annexation.

Existing General Plan Land Use and Zoning Designations While the project site is currently located outside the City of Los Banos' jurisdictional boundary, it is within the City's Sphere of Influence. The project site has been given an industrial land use designation in the City's General Plan, and the goals and policies of the General Plan are applicable.

Currently allowed uses and development standards are those associated with the County's present zoning designation of City Plan Area and Merced County General Plan designation of General Agriculture (A-l). The applicant is requesting the proposed property be pre-zoned and incorporated into the City limits in the City of Los Banos Industrial Zoning District.

Economic Development Merced County, through the Comprehensive Economic Development Strategy (CEDS) process, coordinated a community site visit with a professional Site Selector in November 2013. The visit with Los Banos determined that our weaknesses consisted of a lack of industrial inventory and a lack of shovel ready projects. The following items were identified by the Site Selector as being the most important to be competitive with surrounding communities:

.:. Inventory of Ready Building & Sites

.:. Appropriate Utility Infrastructure

.:. Labor Force Ready to Work (documented)

.:. Streamlined Permitting Process

.:. Community Support for Industry

Entitling this project site would help Los Banos take a step forward in strengthening the inventory of shovel ready industrial projects in order to compete with similar communities.

Community Amenity Fee Resolution 5045 was adopted by the Los Banos City Council July 2008 that establishes an amenity fee for new annexations into the City of Los Banos. The resolution states that the City will support annexation proposals based upon the overall benefit to the City. Options to address City benefit include the following strategies:

a) Payment of a Community Amenity Fee to be used for financing or

constructing community facilities as determined by the City Council, or b) Construction of financing of public improvements which add to the quality of

life for the existing and future residents of the City, or c) Other amenities or contributions as may be approved by the City Council, or d) Development of industrial or regional retail land uses, or e) Contribution towards meeting the City's non-market rate housing needs as

stated in the Housing Element, or f) A combination of the above.

The project proposal is considered a benefit to the community as it is providing industrial land for future development into the incorporated City limits. The addition of industrial property to the City's weak inventory is a benefit to the community and as such the project would not be subject to the Community Amenity Fee.

Pre-Annexation Development Agreement The Pre-Annexation Development Agreement outlines the requirement for a Master Plan for the entire 28.5 acres project site prior to any further entitlements or developments. The Master Plan would be processed the same as a Zone Change pursuant to Article 23 of the Los Banos Municipal Code, which consists of a recommendation by the Planning Commission and approval by the City Council. The Agreement also specifies that the applicant is to form or annex into a Community Facilities District (CFD) for public safety and also into a Lighting and Landscape District (L&LD). The CFD and L&LD are both taxing mechanisms to cover City cost for providing services.

PUBLIC COMMENT: A public hearing notice was published in the Los Banos Enterprise and notices were mailed out to property owners within a 300' radius of the project site on November 21, 2014 for the hearing on December 3,2014 and January 7,2015. As of the date of this staff report, no written comments have been received.

Reviewed by:

~'rigao, C;~ Ma"ge,

Attachments:

1. Ordinance No. 1124 Pre-Zoning site to Industrial Exhibit A: Legal Description

2. Ordinance No. 1125 Authorizing execution of Pre-Annexation Development Agreement

Exhibit A: Pre-Annexation Development Agreement

3. Resolution No. 5629 Requesting Annexation Exhibit A: Project Findings Exhibit B: Conditions of Approval

4. Public Hearing Notice - November 21,2014

ORDINANCE NO. 1124

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS BANOS AMENDING THE ZONING MAP TO PREZONE APPROXIMATELY 28.5 ACRES LOCATED AT THE SOUTHEAST CORNER OF OVERLAND AVENUE AND JOHNSON ROAD, MERCED COUNTY, CALIFORNIA, FROM COUNTY GENERAL AGRICULTURAL (A-I) TO INDUSTRIAL (I) TO BE ANNEXED INTO THE CITY OF LOS BANOS

WHEREAS, AMG & Associates LLC has initiated an annexation and pre-zone application with the City of Los Banos to annex and pre-zone as Industrial (I) approximately 28.5 acres of property located at the southeast corner of Overland Avenue and Johnson Road, Merced County, California, more specifically identified as Assessor's Parcel Number: 081-110-007; and

WHEREAS, the pre-zone of the above described property as Industrial (I) is consistent with the General Plan and its policies; and

WHEREAS, the Planning Commission of the City of Los Banos scheduled and duly noticed a public hearing to consider and take testimony regarding these matters and recommended approval to the Los Banos City Council on November 12, 2014; and

WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, the annexation and pre-zone were evaluated in an Initial Study/Mitigated Negative Declaration (SCH #2014091056) and approved by the City Council of the City of Los Banos (Resolution No. 5628) on December 3, 2014; and

WHEREAS, the Los Banos City Council scheduled and duly noticed a public hearing in accordance with the California Government Code Section 65091 by advertisement in the Los Banos Enterprise and by mail to property owners within 300 feet of the project boundaries on November 21, 2014 to consider and take testimony regarding these matters on December 3, 2014 and continued the hearing to January 7, 2015; and

WHEREAS, the City Council concurs with the recommendations of the Planning Commission; and

WHEREAS, the City Council finds and determines that the proposed annexation and prezoning of the Property contributes to the orderly development ofthe City.

1

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CITY OF LOS BANOS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein.

SECTION 2. This Ordinance is adopted under the authority of Goverrunent Code Section 65869 as well as the Cortese-Knox-Hertzberg Local Goverrunental Reorganization Act of 2000, as amended.

SECTION 3. The City Council hereby finds and determines, as follows:

(a) the proposed zoning is consistent with the objectives, policies, general land uses and programs specified in the General Plan; (b) the proposed zoning is compatible with the adjacent land uses; and ( c) the proposed zoning is a logical extension ofthe existing zoning pattern.

SECTION 4. Resolution No. 5628, approved by the City Council on December 3.2014, making findings as to the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program approved by and incorporated in said Resolution, which Resolution and exhibits are incorporated herein by reference as if set forth in full

SECTION 5. The Los Banos Zoning Map is hereby amended to Pre-Zone to Industrial (I) approximately 28.5 acres to Industrial (I), the property, located at the southeast corner of Overland Avenue and Johnson Road, Merced County, California, identified as Assessor's Parcel Number: 081-110-007, and more particularly described in Exhibit A attached hereto and incorporated herein by this reference.

SECTION 6. In accordance with Section 65859 of the Goverrunent Code, the pre-zoning designation and zoning map changes set forth in Section 5 of this Ordinance shall become the zoning classification of the real property described in Exhibit A upon completion of the real property's annexation to the City of Los Banos.

SECTION 7. No vested right to develop shall accompany this amendment to the Zoning Map except as set forth in Ordinance 1124, approved by the City Council on January 7, 2015.

SECTION 8. 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 ofthe City Clerk.

2

Introduced by Council Member Faria and seconded by Council Member Lewis on the 3rd day of December 2014.

Passed on the __ day of _____ , 2015 by the following vote:

AYES: NOES: ABSENT:

APPROVED:



3

EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN AN UNINCORPORATED AREA, COUNTY OF MERCED, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

Lots 99,100, and 101, according to the map entitled "Miller & Lux's Subdivision of the lands at Los Banos, Merced County, California" filed November 28, 1890 in Book 2 of Official Plats, Page 18, Merced County Records.

Assessor's Parcel No: 081-110-007

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ORDINANCE NO. 1125

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS BANOS APPROVING A PRE ANNEXATION DEVELOPMENT

AGREEMENT WITH AMG & ASSOCIATES, LLC REGARDING THE PROJECT COMMONLY KNOWN AS THE AMG INDUSTRIAL

BUSINESS PARK ANNEXATION

WHEREAS, in order to strengthen the public land use planning process, to encourage private participation in the process, to reduce the economic risk of development and to reduce the waste of resources, the Legislature adopted the Development Agreement Law (§ 65864, et seq. of the Government Code).

WHEREAS, the Development Agreement Law and annexation law permits cities and counties to contract with private interests for their mutual benefit in a manner not otherwise available to the contracting parties. Such agreements, as authorized by the Development Agreement Law and by common law, assure property developers that they may proceed with their projects with the assurance that approvals granted by public agencies will not change during the period of development. Cities and counties are equally assured that costly infrastructure, including but not limited to roads, sewers, fire protection facilities, will be available at the time development projects come on line.

WHEREAS, AMG & Associates, LLC ("Developer") has filed an application with the City of Los Banos ("City") to Annex and Pre-Zone approximately 28.5 acres located at the southeast corner of Overland Avenue and Johnson Road, Merced County, California, more specifically identified as Assessor's Parcel Number: 081-110-007 ("Subject Property").

WHEREAS, Developer desires to proceed with site planning with the City after completion of the annexation proceedings. Inasmuch as the Developer has not submitted development plans, and that the City has not had any opportunity to review any specific proposals, the parties agree that the Pre Annexation Agreement ("Agreement") can and should create only limited vested rights, as defined by the terms of the Agreement.

WHEREAS, the parties have, in good faith, negotiated the terms which carry out the legislative purpose set forth above and will assure the parties to this Agreement of mutually desirable development of the Subject Property.

WHEREAS, City, in response to Developer's applications, after public hearings and environmental analysis, has granted approval of the Annexation and Pre-zoning for the Subject Property ("Entitlements").

WHEREAS, in support of the Entitlements described herein, and in accord with the California Environmental Quality Act (CEQA) and State and City guidelines, City has accepted and approved a mitigated negative declaration for the foregoing entitlements and this Agreement.

WHEREAS, parcel maps, vesting tentative subdivision maps, tentative subdivision

maps, general and final development plans, final subdivision maps, design review, improvement plans, issuance of building permits, or any other entitlements necessary for the development of the Subject Property, shall be subject to prior approval of (a) a Master Plan for the entire Subject Property; (b) a Finance and Implementation Plan; (c) a second tier Development Agreement for individual parcels within the Master Plan area; (d) and/or other required permits or approvals issued by the City.

WHEREAS, development of the Subject Property pursuant to the terms and conditions of the Agreement, pre-zoning, the master plan, and appropriate environmental determinations will provide for orderly growth and development consistent with the City's General Plan and other development policies and programs.

WHEREAS, on November 12, 2014, the City Planning Commission considered the Agreement, and recommended its adoption to the City Council.

WHEREAS, having duly considered the Agreement and having held the noticed public hearings, City finds and declares that the provisions of the Agreement are consistent with the maps and text of the City's General Plan.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CITY OF LOS BANOS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct.

SECTION 2. This Ordinance incorporates, and by this reference makes a part hereof, the Pre Annexation Development Agreement attached hereto as Exhibit A, subject to the provisions of Section 6 hereof.

SECTION 3. This Ordinance is adopted under the authority of Goverrnnent Code Section 65864 et seq.

SECTION 4. The City Council hereby finds and determines, as follows:

(a) the Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan, in that it establishes certain development rights, obligations and conditions for the implementation of AMG Industrial Business Park Annexation Project; (b) the Agreement is compatible with the uses authorized in, and the general plan designations which will apply to the Property; (c) the Agreement is in conformity with public convenience, general welfare and good land use practice; (d) the Agreement will not be detrimental to the public health, safety and general welfare; and (e) the Agreement will not adversely affect the orderly development of property or the preservation of property values.

SECTION S. The foregoing findings and determinations are based upon the following:

(a) the Recitals set forth in this Ordinance, which are deemed true and correct; (b) Resolution No. 5628, approved by the City Council on December 3. 2014, making findings as to the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program approved by and incorporated in said Resolution, which Resolution and exhibits are incorporated herein by reference as if set forth in full; (c) Resolution No. 5629 approved by the City Council on January 7, 2015 requesting the Annexation and Pre-Zone of approximately 28.5 acres of property located at the southeast corner of Overland Avenue and Johnson Road, Merced County, California, more specifically identified as Assessor's Parcel Number: 081-110-007 which Resolution and exhibits are incorporated herein by reference as if set forth in full; (d) Ordinance No. 1124 approved by the City Council on January 7, 2015, amending the Zoning Map to Pre-Zone approximately 28.5 acres located at the southeast corner of Overland Avenue and Johnson Road, Merced County, California, more specifically identified as Assessor's Parcel Number: 081-110-007 which Ordinance and exhibits are incorporated herein by reference as if set forth in full; (e) the City's General Plan; (f) All City staff reports (and all other public reports and documents) prepared for the Planning Commission, City Council, or others relating to the Mitigated Negative Declaration, the pre Zone, the Development Agreement, and other actions relating to the Property; (g) All documentary and oral evidence received at public hearings or submitted to the Planning Commission, or City during the comment period relating to the Mitigated Negative Declaration, the pre Zone, the Development Agreement, and other actions relating to the Property; and (h) All other matters of common knowledge to the City Council, including, but not limited to the City's fiscal and financial status; City general ordinances, policies and regulations.

SECTION 6. The City Council hereby approves the Pre Annexation Development Agreement, attached hereto as Exhibit A, subject to the provisions of Section 7 hereof, and subject further to such minor, conforming and clarifying changes consistent with the terms thereof as may be approved by the City Manager, in consultation with the City Attorney prior to execution thereof.

SECTION 7. The approval contained in Section 6 hereof is subject to and conditioned upon Resolution No. 5628; Resolution No. 5629; Ordinance No. 1124; and the approval of the AMG Industrial Business Park Annexation by Merced County Local Agency Formation Commission.

SECTION 8. Upon the effective date of this Ordinance as provided in Section 10 hereof, the Mayor and City Clerk are hereby authorized and directed to execute the Agreement on behalf of the City of Los Banos.

SECTION 9. The City Manager is hereby authorized and directed to perform all acts authorized to be performed by the City Manager in the administration of the Agreement pursuant to the terms of the Agreement.

SECTION 10. This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption; provided, however, that if the actions referred to in Section 7 hereof are not effective on such date, then the effective date of this Ordinance shall be the date on which all of said actions become effective, as certified by the City Clerk and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk..

Introduced by Council Member Faria and seconded by Council Member Lewis on the 3rd day of December, 2014.

Passed on the day of _____ , 2015 by the following vote:

AYES: NOES: ABSENT:

APPROVED:


ATTEST:


Recording requested by and when recorded, mail to

City Clerk City of Los Banos 520 J Street Los Banos, CA 93635

No Recording Fee

Exhibit A

PRE· ANNEXATION DEVELOPMENT AGREEMENT

BY AND BETWEEN THE CITY OF LOS BANOS AND

AMG & ASSOCIATES, LLC RELATIVE TO THE

AMG INDUSTRIAL BUSINESS PARK ANNEXATION

(Date)

THIS DOCUMENT, INCLUDING EXHIBITS, TOTALS __ PAGES. EACH PAGE IS "BATES STAMPED" SEQUENTIALLY IN THE LOWER RIGHT HAND CORNER.

PRE-ANNEXATION DEVELOPMENT AGREEMENT

BY AND BETWEEN THE CITY OF LOS BANOS AND

AMG & ASSOCIATES, LLC RELA TIVE TO THE

AMG INDUSTRIAL BUSINESS PARK ANNEXATION

THIS PRE-ANNEXATION DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this __ day of , 2014, by and between the CITY OF LOS BANOS, a municipal corporation ("City"), and AMG & ASSOCIATES, LLC, a California Limited Liability Company ("Developer"), pursuant to the authority of Article 2.5, Chapter 4, Division 1, Title 7 (§ 65864, et seq. of the Government Code) relating to Development Agreements, and pursuant to annexation law.

RECITALS

I. In order to strengthen the public land use planning process, to encourage private participation in the process, to reduce the economic risk of development and to reduce the waste of resources, the Legislature adopted the Development Agreement Law (§ 65864, et seq. of the Government Code).

2. The Development Agreement Law and annexation law permits cities and counties to contract with private interests for their mutual benefit in a manner not otherwise available to the contracting parties. Such agreements, as authorized by the Development Agreement Law and by common law, assure property developers that they may proceed with their projects with the assurance that approvals granted by public agencies will not change during the period of development. Cities and counties are equally assured that costly infrastructure, including but not limited to roads, sewers, fire protection facilities, will be available at the time development projects come on line.

3. Developer desires to proceed with site planning with the City after completion of annexation proceedings. Inasmuch as the Developer has not submitted development plans, and that the City has not had any opportunity to review any specific proposals, the parties agree that this Agreement can and should create only limited vested rights, as defined by the terms of the Agreement.

4. The parties have, in good faith, negotiated the terms hereinafter set forth which carry out the legislative purpose set forth above and will assure the parties to this Agreement of mutually desirable development of the Subject Property.

5. Developer owns in fee or has an equitable interest in that celtain real property, more particularly described on Exhibit "A" hereto, located adjacent to the City of Los Banos.

6. City, in response to Developer's applications, after public hearings and

environmental analysis, has granted approval of the annexation and pre-zoning for the Subject Property (hereinafter the "Entitlements").

7. In support of the Entitlements described in paragraph 6 above, and in accord with the California Environmental Quality Act (CEQA) and State and City guidelines, City has accepted and approved a mitigated negative declaration for the foregoing entitlements and this Agreement.

8. Parcel maps, vesting tentative subdivision maps, tentative subdivision maps, general and final development plans, final subdivision maps, design review, improvement plans, issuance of building permits, or any other entitlements necessary for the development of the Subject Property, shall be subject to prior approval of (a) a Master Plan for the entire Subject Property; (b) a Finance and Implementation Plan; (c) a second tier Development Agreement for individual parcels within the Master Plan area; (d) andlor other required permits or approvals issued by the City.

9. Development of the Subject Property pursuant to the terms and conditions of the pre-zoning, the master plan, and appropriate environmental determinations will provide for order! y growth and development consistent with the City's General Plan and other development policies and programs.

10. On _, 2014, the City Planning Commission considered this Agreement, and recommended its adoption to the City Council.

11. Having duly considered this Agreement and having held the noticed public hearings, City finds and declares that the provisions of this Agreement are consistent with the maps and text of the City's General Plan.

NOW, THEREFORE, the parties hereto agree as follows:

ARTICLE 1

GENERAL PROVISIONS

Section 1.1. The Project. The Project is the annexation, and pre-zoning for the potential development of approximately 28.5 acres of land located at the corner of Johnson Road and Overland A venue.

Section 1.2. Subject Property. The Subject Property is approximately 28.5 acres identified as Merced County Assessor's Parcel Number 081-110-007, generally located at the corner of Johnson Road and Overland Avenue. The Subject Property is more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference and made a part of this Agreement.

Section 1.3. Definitions. As used in this Agreement, the following terms, phrases and words shall have the meanings and be interpreted as set forth in this Section.

(a) Adopting Ordinance means Ordinance Number entitled: Pre Annexation Development Agreement By and Between the City of Los Banos and AMG & Associates, relative to the AMG Industrial Business Park Annexation, dated _______ , and effective , which approves this Agreement as required by Government Code section 65867.5.

(b) Assnmption Agreement means an agreement substantially conforming to the model assumption agreement described in Exhibit "B," or other agreement in a form approved by the City Attorney, executed by a Landowner with the Developer, expressly assuming various obligations relating to the development of the Project, or portion thereof.

(c) CEQA means the California Environmental Quality Act section 21000 et seq., of the Public Resources Code of the State of California.

(d) City means the Los Banos City Council, or its designee.

( e) City Laws means ordinances, resolutions, rules, regulations, policies, motions, directives, mitigation measures, conditions, standards, specifications, dedications, fees, taxes (including without limitation general, special and excise taxes), assessments, liens, other exactions and impositions, and any other actions having the force of law, that are enacted or adopted by City, or by its electorate through the initiative or referendum process.

(I) Developer means AMG & Associates, LLC or successor in interest.

(g) Director means the Community Development Director, or designee for the City of Los Banos.

(h) Effective Date means the effective date of the Adopting Ordinance.

(i) Entitlements shall mean those approvals listed in Recital 6 including any and all conditions of approval and mitigation measures.

0) General Plan means the General Plan of the City, including the text and maps, as may have been amended in connection with the Project.

(k) Landowner is a party who has acquired any portion of the Subject Property from the Developer who, unless otherwise released as provided in this Agreement, shall be subject to the applicable provisions of this Agreement.

(I) Reserved Powers shall mean those powers explicitly reserved to the City by this Agreement.

(m) Subject Property and/or Project Site means the property described III

Section 1.2, or the remaining portions thereof after releases from the provisions of this Agreement have been executed as authorized by this Agreement.

Section 1.4. Exhibits. Exhibits to this Agreement are as follows:

Exhibit "A" Subject Property Exhibit "B" Assumption Agreement Exhibit "c" Special Conditions and Requirements Exhibit "D" Sample Notice of Termination

Section 1.5. Incorporation of Exhibits and Recitals. Exhibits A - D and Recitals 1 through 11 are incorporated herein, including all exhibits referred to in said Recitals. In the event of inconsistency between the Recitals and the provisions of Articles I through 5, the provisions of Articles 1 through 5 shall prevail.

Section 1.6. Parties to Agreement. The parties to this Agreement are:

(a) The City of Los Banos. A municipal corporation exercising general governmental functions and powers. The principal office of the City is located at 520 J Street, Los Banos, California 93635.

(b) Developer. Developer owns in fee or has an equitable interest in the Subject Property. The principal office of Developer is 16663 Ventura Blvd., Encino CA 91436.

(c) Landowner. From time to time, as provided in this Agreement, Developer may sell or otherwise lawfully dispose of a portion of the Subject Property to a Landowner who, unless otherwise released, shall be subject to the applicable provisions of this Agreement related to such portion of the Subject Property.

Section 1.7. Project is a Private Undertaking. It is agreed among the parties that the Project is a private development and that the City has no interest therein except as authorized in the exercise of its governmental functions.

Section 1.8. Term of Agreement. This Agreement shall commence upon the Effective Date of the Adopting Ordinance approving this Agreement. Pursuant to California Government Code section 65865 (b), this Agreement shall not become operative unless annexation proceedings annexing the Subject Property to the City are completed within two years of the Effective Date of the Adopting Ordinance. If the annexation is not completed within the time specified herein, this Agreement shall be null and void unless extended by the City Council. Upon becoming operative, this Agreement shall continue in force for a period of twenty (20) years from the Effective Date unless terminated as provided herein. Following the expiration of the term, or if sooner terminated, this Agreement shall have no force and effect, subject however, to post-termination obligations of Developer or Landowner, if any.

Section 1.9. Assignment and Assumption. Developer shall have the right to sell, assign, or transfer this Agreement with all the rights, title and interests therein to any person,

firm or corporation at any time during the term of this Agreement. The conditions and covenants set forth in this Agreement and incorporated herein shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. Developer shall provide City with a copy of the Assumption Agreement. Express written assumption by such purchaser, assignee or transferee, to the satisfaction of the City Attorney, of the obligations and other terms and conditions of this Agreement with respect to the Subject Property or such portion thereof sold, assigned or transferred, shall relieve the Developer selling, assigning or transferring such interest of such obligations so expressly assumed. Any such assumption of Developer's obligations under this Agreement shall be deemed to be to the satisfaction of the City Attorney if executed in the form of the Assumption Agreement attached hereto as Exhibit "B" and incorporated herein by this reference, or such other form as shall be approved by the City Attorney.

Section 1.10. Covenants Running With the Land. Each and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it. Provided however, notwithstanding anything to the contrary above, if any such sale, assignment or transfer relates to a completed residential unit or non-residential building which has been approved by the City for occupancy, this Agreement shall automatically terminate.

Section 1.11. Amendment to Agreement (Developer and City). This Agreement may be amended by mutual consent of the parties in writing, in accordance with the provisions of Government Code section 65868, provided that: any amendment which relates to the term, permitted uses, density, intensity of use, height and size of proposed buildings, or provisions for reservation and dedication of land shall require a noticed public hearing before the parties may execute an amendment. Unless otherwise provided by law, all other amendments may be approved without a noticed public hearing.

Any amendment entered into between the City and the Developer shall require the signature of each owner of any portion of the Subject Property to the extent the amendment modifies this Agreement as to that other owner's property.

Section 1.12. Amendment to Agreement (Landowner and City). This Agreement may also be amended, subject to the provisions of Government Code section 65868, between a Landowner who has acquired a portion of the Subject Property from Developer and City as to the portions of the Subject Property then owned by Landowner.

Any amendment entered into between the City and a Landowner shall require the signature of each Landowner of any portion of the Subject Property or the Developer to the extent the amendment modifies the Agreement as to that Landowner's or the Developer's property.

Section 1.13. Releases. Developer, and any subsequent Landowner, may free itself from

further obligations relating to the sold, assigned, or transferred property, provided that the City Clerk receives a copy of the Assumption Agreement provided for in Section 1.9.

Section 1.14. Notices. Notices, demands, correspondence, and other communication to City and Developer shall be deemed given if dispatched by prepaid first-class mail to the principal offices of the parties as designated in Section 1.6. Notice to the City shall be to the attention of both the City Manager and the Director. Notices to subsequent Landowners shall be required to be given by the City only for those Landowners who have given the City written notice of their address for such notices. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence.

Section 1.lS. Reimbursement for Agreement Expense of Citv. Developer agrees to reimburse City for reasonable and actual expenses over and above fees paid by Developer as an applicant for costs specifically incurred by City for the preparation of this Agreement, including recording fees, publishing fees, and reasonable staff, City Attorney, Special Counsel, and consultant costs not otherwise included within application fees then due and payable to the City. Such reimbursement shall be paid to the City prior to execution of this Agreement by the City.

Section 1.16. Recordation of Agreement. The City Clerk shall cause a copy of this Agreement to be recorded with the Merced County Recorder not later than ten (10) days following execution of this Agreement by the City. Developer hereby covenants that during the period following execution and the recording of this Agreement by the City, Developer shall not, without prior written approval by the City Attorney, cause or allow to be recorded against the Subject Property any instrument affecting the priority, validity or enforceability of this Agreement.

Section 1.17. Applicable Law. This Agreement shall be construed and enforced m accordance with the laws of the State of California.

Section 1.18. Invalidity of Agreement/Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which became effective after the Effective Date, the remaining provisions shall continue in full force and effect.

Section 1.19. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a party or a Landowner, challenging this Agreement, the Entitlements or any approval subsequently granted by the City for the development of the Subject Property, the parties and any Landowner agree to cooperate with each other in good faith. City may elect to tender the defense of any lawsuit filed by a third person or entity to Developer and/or Landowner(s) (to the extent the litigation, in part or in whole, seeks to overturn or invalidate this Agreement, the Entitlements or any subsequent approval granted for the Subject Property held by or granted to Developer andlor Landowner), and, in such event, Developer andlor such Landowner(s) shall hold the City harmless from and

defend the City from all costs and expenses incurred in the defense of such lawsuit, including, but not limited to, damages, attorneys' fees and expenses of litigation awarded to the prevailing party or parties in such litigation. For purposes of this section only, "City" shall include all employees, consultants and agents acting on behalf of the City. Neither party shall settle any such lawsuit without the consent of the other party. The City may elect to participate in the litigation, in which case the Developer and/or Landowner agree to reimburse the City for its litigation costs and fees, including the retention of outside legal counsel. It is the intent of the Parties that the City's participation not result in unnecessary duplication of legal services, but rather that the City's active involvement in the litigation be limited to supervising the preparation of the administrative record or discovery as applicable, monitoring of litigation, and responsive pleadings regarding issues which, in the sole opinion of the City, involve broader City concerns then those immediately affecting the Landowner and/or Developer. Upon written demand of the City, Developer and/or Landowner shall deposit with the City such sums as may be specified by the City as its estimated litigation costs and fees for the following thirty day period. Both parties shall act in good faith, and shall not unreasonably withhold consent to settle. In the event that the City elects to settle a claim, and Developer refuses to also settle, City at its sole option may require Developer to post security in a form and amount reasonably acceptable to the City, for the performance of Developer's duties under this section. If the Developer, within 30 days of receiving written notice from City, fails to post this security, the Developer shall settle the claim on terms as previously approved by the City.

Section 1.20. Fees. Developer shall be subject to all fees currently adopted by the City, including scheduled or periodic increases as provided for in the adopting ordinances or resolutions ("Current Fees"). Developer shall pay, without protest or without challenge, Current Fees in effect at the time of the issuance of a requested permit or entitlement.

In addition, Developer agrees to pay any new fees adopted by the City, or the recalculation of existing fees ("New Fees") in effect at the time of the issuance of a requested building permit. Developer shall retain the right to challenge the New Fees as permitted by law.

Section 1.21. Reserved Powers. Notwithstanding any other prOViSIOn of this Agreement, including Section 2.1, and without limitation as to any other requirements or exceptions contained in this Agreement, the City shall retain the authority to take the following actions and apply the same to the Subject Property:

(a) The authority of the City Council to adopt regulations to protect the City and its citizens from an immediate adverse risk to health and safety. This shall include, but not be limited to, lack of sufficient sewer and/or water facilities, but not school facilities.

(b) Adopt or increase utility charges in accordance witll applicable laws and regulations; and

(c) Adopt a Finance and Implementation Plan as specified in Section 2.1 setting forth an Implementation Plan to provide for the payment of all costs for the public facilities and services necessary to serve the development.

(d) As set forth in Section 1.20, increase and apply Current Fees, and adopt and apply New Fees.

(e) Land use regulations, ordinances, policies, programs, resolutions or fees adopted or undertaken by City in order to comply with state or federal laws, or regulations, provided that in the event that such state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provision or provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.

(f) City land use regulations, ordinances, policies, programs or resolutions adopted after the Effective Date, which are in conflict with the City Laws, but the application of which to the development of the Subject Property has been consented to in writing by the Developer and/or the applicable Landowner by later separate document, which consent Developer and/or Landowner may withhold in their sole and exclusive discretion.

(g) In the event that the LAFCO imposes conditions on annexation which is, in the sole discretion of the City Council, unacceptable, the City shall have no responsibility to complete annexation.

Section 1.22. Waiver of Claims. Except as may be permitted by Section 1.20, Developer waives, as to the Subject Property only, any and all existing claims that may have against the City, its agents, employees and consultants arising out of the adoption and/or application of development requirements and standards, impact fees, the adoption of this Agreement or approval of the Entitlements and all of the proceedings, acts or determinations made prior thereto.

ARTICLE 2

PROJECT DEVELOPMENT

Section 2.1. Limited Vested Right. During the term of and subject to the terms of this Agreement, the Developer's rights shall be vested only to density and intensity of use as set forth in the underlying zoning district.

(a) The City shall not approve any tentative subdivision maps, issue building permits, or grant any other development approvals or permits or entitlements unless the City approves the following:

(1) A Master Plan for the entire Subject Property in accordance with Condition I of Exhibit C, attached hereto and incorporated herein by this reference; and

(2) A Finance and Implementation Plan, in accordance with Condition 2 of Exhibit C, attached hereto and incorporated herein by this reference.

(b) Upon approval of a Master Plan and a Finance and Implementation Plan, the Developer shall be vested in the Master Plan for the term of the Agreement. In the event that the approved Master Plan expires pursuant to the provisions of Condition 1 H of Exhibit C the Developer's vested rights in the approved Master Plan shall automatically terminate.

Section 2.2. Permitted Uses and Development Standards. The permitted uses, the density and intensity of use, the maximum height and size of proposed buildings for the Subject Property shall be those set forth for the pre-zoning district regulations as set forth in the City Zoning Ordinance in effect on the date of approval of this Agreement.

Section 2.3. Application, Processing and Inspection Fees. Application fees, processing fees, and inspection fees that are revised during the term of this Agreement shall apply to the development pursuant to this Agreement, provided that such revised fees apply generally to similar private projects or works within City and are in compliance with State and federal law.

Section 2.4. Obligation and Rights of Mortgage Lenders. The holder of any mortgage, deed of trust or other security instrument with respect to the Subject Property, or any portion thereof, shall not be obligated under this Agreement to construct or complete improvements or to guarantee such construction or completion, but, in the event said holder takes title to the Subject Property through foreclosure of a mortgage or a deed of trust, or deed-in-lieu of such foreclosure, said holder shall be bound by all of the terms and conditions of this Agreement which pertain to the Subject Property or such portion thereof in which it holds an interest. Any such holder who comes into possession of the Subject Property, or any portion thereof, pursuant to a foreclosure of a mortgage or a deed of trust, or deed in lieu of such foreclosure, shall take the Subject Property, or such portion thereof, subject to any pro rata claims for payments or charges against the Subject Property, or such portion thereof, which accrue prior and subsequent to the time such holder comes into possession. Nothing in this Agreement shall be deemed or construed to permit or authorize any such holder to devote the Subject Property, or any portion thereof, to any uses, or to construct any improvements thereon, other than those uses and improvements provided for or authorized by this Agreement, subject to all of the terms and conditions of this Agreement.

ARTICLE 3

DEFAULT

Section 3.1. General Provisions. Subject to extensions of time by mutual consent in writing, failure or delay by either party or Landowner not released from this Agreement to perform any term or provision of this Agreement, shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party or Landowner not less than sixty (60) days notice in writing specifying the nature of the alleged default and the manner in which said default may be cured. During any such sixty (60) day period, the party or Landowner charged shall not be considered in default for purposes of termination or institution of legal proceedings.

After notice and expiration of the sixty (60) day period, if such default has not been cured

or is not being diligently cured in the manner set forth in the notice, the other party or Landowner to this Agreement may, at his option, institute legal proceedings pursuant to this Agreement or give notice of its intent to terminate this Agreement pursuant to California Government Code section 65868 and any regulations of the City implementing said Government Code section. Following notice of intent to terminate, or prior to instituting legal proceedings, the matter shall be scheduled for consideration and review in the manner set forth in Government Code sections 65865, 65867, and 65868 and City regulations implementing said sections by the City within thirty (30) calendar days.

Following consideration of the evidence presented in said review before the City and an additional 30-day period to cure, either party alleging the default by the other party or Landowner may institute legal proceedings or may give written notice of termination of this Agreement to the other party; provided, however, a Landowner may only give such notice with respect to such portion of the Subject Property in which Landowner owns an interest.

Section 3.2. Annual Review. City shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by Developer and Landowner with the terms of this Agreement. Such periodic review by the Director, unless referred to the Planning Commission or City Council shall be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code section 65865.1. Each said review shall be completed within sixty (60) days of the first meeting of the Planning Commission and the City Council, respectively, at which such review is undertaken, unless said period is extended by mutual consent of City and Developer. Failure to complete said review within the prescribed period shall be deemed a finding of good faith substantial compliance. Notice of such annual review shall include the statement that any review may result in amendment or termination of this Agreement. City may charge, and Developer shall pay a fee for such annual review to defray the cost to the City to process and conduct such annual review.

City shall deposit in the mail or fax to Developer and/or Landowner a copy of all staff reports and, to the extent practical, related exhibits concerning contract performance at least seven (7) calendar days prior to such periodic review. The Developer or Landowner shall be entitled to appeal a determination of the Director to the Commission and then to the Council. Any appeal must be filed within ten (10) days of the decision to the Director, or the Commission, as the case may be. Developer or Land owner shall be permitted an opportunity to be heard orally and/or in writing regarding its performance under this Agreement before the Commission, Council, and/or Director, as the case may be.

Section 3.3. Developer Default Limited to PropertylEntitYi Separate Obligations of Owners. Except as specified herein in Section 3.1, no default hereunder in performance of a covenant or obligation with respect to a particular portion of the Subject Property shall constitute a default applicable to any other portion of the Subject Property, and any remedy arising by reason of such default shall be applicable solely to the portion of Subject Property where the default has occurred. Similarly, the obligations of the Developer and Landowners shall be severable and no default hereunder in performance of a covenant or obligation by anyone of them shall constitute a default applicable to any other owner who is not affiliated with such defaulting owner, and any remedy arising by reason of such default shall be solely applicable to

the defaulting owner and the portion of the Subject Property owned thereby.

Section 3.4. Default by City. In the event City does not accept, review, approve or issue necessary development permits or entitlements for use in a timely fashion as defined by this Agreement, or as otherwise provided in this Agreement, or the City otherwise defaults under the terms of this Agreement, Developer and/or Landowner may give written notice thereof to the City and if not cured within sixty (60) days following receipt of such notice, Developer shall have all rights and remedies provided herein or under applicable law, including without limitation the right to pursue actions for mandamus, specific performance, or injunctive or declaratory relief to enforce this Agreement. Notwithstanding the foregoing sentence, the City, Developer and Landowner each waives any and all rights to seek monetary damages from any other party as a result of any breach or alleged breach of such other party's obligations hereunder. In the event City is in default under the terms of this Agreement, any resulting delays in Developer'S performance caused thereby shall not constitute grounds for termination or cancellation of this Agreement.

Section 3.5. Cumulative Remedies of PartiesIW aiver of Right to Damages. In addition to any other rights or remedies, City, Developer and any Landowner may institute legal or equitable proceedings to cure, correct or remedy any default, to specifically enforce any covenant or agreement herein, to enjoin any threatened or attempted violation of the provisions of this Agreement. Notwithstanding the foregoing sentence, the City, Developer and Landowner each waives any and all rights to seek monetary damages from the other party as a result of any breach or alleged breach of such other party's obligations hereunder.

Section 3.6. Euforced Delay, Exteusion of Times of Performance. In addition to specific provisions of this Agreement, performance by either party or Landowner hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, State or federal laws, regulations, decisions or orders which conflict with this Agreement, or judicial or other governmental agency decisions or orders, directing the City, or which have the effect of requiring the City, to take actions Or refrain from taking actions which conflict with the obligations under this Agreement. Any and all extensions of the time of performance shall be limited to thirty-six (36) months. This section 3.6 shall not apply to the twenty-four (24) month term within which this Agreement is required to take effect.

ARTICLE 4

TERMINATION

Section 4.1. Termination Upon Completion of Development. This Agreement shall terminate upon the expiration of the term or when the Subject Property has been fully developed and all of the Developer's obligations in connection therewith are satisfied. Upon termination of this Agreement, the City shall record a notice of such termination in substantially the form attached hereto as Exhibit "D." This Agreement shall automatically terminate and be of no further force or effect as to any single-family residence, any other residential dwelling unites), or

any non-residential building, and the lot or parcel upon which such residence or building is located, when it has been approved by the City for occupancy.

Section 4.2. Effect of Termination on Developer Obligations. Termination of this Agreement as to the Developer of the Subject Property or any portion thereof shall not affect any of the Developer's obligations to comply with the City general plan and the terms and conditions of any applicable zoning, or subdivision map or other land use entitlements approved with respect to the Subject Property, any other covenants or any other development requirements specified in this Agreement to continue after the termination of this Agreement, or obligations to pay assessments, liens, fees, or taxes.

Section 4.3. Effect of Termination on City. Upon any termination of this Agreement, as provided for under the terms and conditions of this Agreement, as to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the Subject Property affected by such termination (provided vesting of entitlements, conditions or fees applicable to the Subject Property shall be governed by planning and zoning law) and the City shall no longer be limited, by this Agreement, to make any changes or modifications to such entitlements, conditions or fees applicable to such property.

ARTICLES

STANDARD TERMS AND CONDITIONS

Section 5.1. Venue. Venue for all legal proceedings shall be in the Superior Court for the County of Merced.

Section 5.2. Waiver. A waiver by any party of any breach of any term, covenant or condition herein contained or a waiver of any right or remedy of such party available hereunder at law or in equity shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained or of any continued or subsequent right to the same right or remedy. No party shall be deemed to have made any such waiver unless it is in writing and signed by the party so waiving.

Section 5.3. Completeness of Instrument. This Agreement, together with its specific references and attachments, constitutes all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the parties hereto. Unless set forth herein, neither party shall be liable for any representations made express or implied.

Section 5.4. Supersedes Prior Agreements. It is the intention of the parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, representations or agreements, written or oral, between the parties hereto.

Section 5.5. Captions. The captions of this Agreement are for convenience in reference only and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.

Section 5.6. Number and Gender. In this Agreement, the neuter gender includes the feminine and masculine, and the singular includes the plural, the word "person" includes corporations, partnerships, firms or associations, wherever the context so requires.

Section 5.7. Mandatorv and Permissive. "Shall" and "will" and "agrees" are mandatory. "May" is permissive.

Section 5.8. Term Includes Extensions. All references to the term of this Agreement or the Agreement Term shall include any extensions of such term.

Section 5.9. Successors and Assigns. All representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns.

Section 5.10. Modification. No modification or waiver of any proVISIOns of this Agreement or its attachments shall be effective unless such waiver or modification is in writing, signed by all parties, and then shall be effective only for the period and on the condition, and for the specific instance for which given.

Section 5.11. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Section 5.12. Other Documents. The parties agree that they shall cooperate in good faith to accomplish the object of this Agreement and to that end, agree to execute and deliver such other and further instruments and documents as may be necessary and convenient to the fulfillment of these purposes.

Section 5.13. Partial Invalidity. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provision and/or provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

Section 5.14. Controlling Law. The validity, interpretation and performance of this Agreement shall be controlled by and construed under the laws of the State of California.

Section 5.15. Time Is of the Essence. Time is of the essence of this Agreement and each covenant and term a condition herein.

Section 5.16. Authority. All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles and capacities herein stated and on behalf of any entities, persons, estates or firms represented or purported to be represented by such entity(s), person(s), estate(s) or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have

been fully complied with. Further, by entering into this Agreement, neither party hereto shall have breached the terms or conditions of any other contract or agreement to which such party is obligated, which such breach would have a material effect hereon.

Section 5.17. Document Preparation. This Agreement will not be construed against the party preparing it, but will be construed as if prepared by all parties.

Section 5.18. Advice of Legal Counsel. Each party acknowledges that it has reviewed this agreement with its own legal counsel, and based up on the advice of that counsel, and freely entered into this Agreement.

Section 5.19. Estoppel Certificate. Within thirty (30) days following any written request which either party may make from time to time, and upon payment of a fee to the City to reimburse the City for its reasonable expenses associated herewith, the other party to this Agreement shall execute and deliver to the requesting party a statement certifying that:

(a) this Agreement is unmodified and in full force and effect, or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications; and

(b) there are not current uncured defaults under this Agreement or specifying the date, nature of any default and manner of cure.

This certificate may be executed by the City Manager, or his or her designee.

Section 5.20. Attorneys Fees and Costs. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs, which may be set by the Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such party may be entitled.

Section 5.21. Consent/Subordination. Unless waived in writing by the City Attorney, Developer shall furnish proof satisfactory to the City, prior to approval of the Agreement that all persons possessing a legal interest in the property have consented to the recording of this Agreement. Unless waived in writing by the City Attorney, the City shall require subordination by all lenders of record as a condition precedent to the City approval of the Agreement. The City shall have no duty to subordinate its interest in this Agreement.

IN WITNESS WHEREOF, this Agreement was executed by the parties thereto on the dates set forth below.

CITY OF LOS BANOS A municipal corporation

By: _________ _ Dated _________ _

Mayor

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

AMG & ASSOCIATES, LLC

By: _________ _

Its: __________ _

Dated _________ _

Dated _________ _

Dated: ________ _

SIGNATURES MUST BE NOTARIZED

EXHIBIT A

SUBJECT PROPERTY

[Legal Description begins on next pagel

TO BE INSERTED BY STAFF

EXHIBITB

[SAMPLE FORM]

ASSIGNMENT AND ASSUMPTION AGREEMENT

THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (hereinafter "this Agreement") is entered into this day of , 20_, by and between _______________________ (hereinafter called "Owner") and, (hereinafter "Assignee").

RECITALS

A. On , 20_, the City of Los Banos and Owner entered into that certain agreement entitled "Pre-Annexation Development Agreement," approved by Ordinance

(hereinafter "Agreement"), relative to the development known as the _____________ (hereinafter "Subject Property").

B. Owner entered into a purchase and sale agreement whereby a portion of the Subject Property will be sold to Assignee, which portion of the Subject Property is identified and described in Exhibit "A," attached hereto and incorporated herein by this reference (hereinafter the "Assigned Parcel(s)").

C. Owner desires to assign all of its interests, rights and obligations under the Agreement with respect to the Assigned Parcel(s).

D. Assignee desires to assume all Owner's rights and obligations under the Agreement with respect to the Assigned Parcel(s).

NOW, THEREFORE, Owner and Assignee hereby agree as follows:

I. Owner hereby assigns, effective as of Owner's conveyance of the Assigned Parcel(s) to Assignee, all of the rights, interest, burdens and obligations of Owner under the Agreement with respect to the Assigned Parcel(s). Owner retains all the rights, interest, burdens and obligations under the Agreement with respect to all other property within the Subject Property owned thereby.

2. Assignee hereby assumes all of the burdens and obligations of Owner under the Agreement, and agrees to observe and fully perform all of the duties and obligations of Owner under the Agreement, and to be subject to all the terms and conditions thereof, with respect to the Assigned Parcel(s), it being the express intention of both Owner and Assignee that, upon the execution of this Agreement and conveyance of the Assigned Parcel(s) to Assignee, Assignee shall be come substituted for Owner as the "Developer" under the Agreement with respect to the Assigned Parcel(s).

3. All of the covenants, terms, and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respecti ve heirs, successors and assigns.

IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

ASSIGNOR / OWNER

By: _______ _

By: _______ _

ASSIGNEE

By: _______ _

By: _______ _


EXHIBIT C

DEVELOPER OBLIGATIONS/SPECIAL CONDITIONS AND REQUIREMENTS

I. Master Plan. This Agreement requires that a Master Plan be approved by the City for the entire 28.5 acre Project Site prior to any application for further entitlements or development.

A. The specific purposes of the Master Plan shall be to: ensure orderly planning for the development of the entire Project Site consistent with the General Plan; maintain an environmental equilibrium consistent with existing vegetation, soils, geology, topography, and drainage patterns; avoid premature or inappropriate development that would result in incompatible uses or create public service demands exceeding the capacity of existing or planned facilities; encourage sensItive site planning and design; ensure the provision of utilities, roadways and other public facilities.

B. Land use regulations for the Project Site shall be those of the underlying zoning district unless modified by the approved Master Plan, provided that all land use regulations shall be consistent with the General Plan Land Use designation for land within the Master Plan area.

C. Development regulations for the Project Site shall be those of the underlying zoning district unless modified by the approved Master Plan.

D. The Master Plan shall include a land use and circulation system concept for the entire Project Site that is consistent with the goals and policies of the General Plan, compatible with the environment, and capable of being served by existing and planned public facilities and utilities.

E. The following plans and materials must be incorporated into the Master Plan submittal. The Community Development Director or his or her designee may require the submission of additional items considered necessary:

I. A map showing proposed Master Plan boundaries and the relationship of the area to uses and structures within a 300-foot radius of the plan area boundaries; 2. A map of the Master Plan area showing sufficient topographical data to indicate clearly the character of the terrain, and the type, location, and condition of mature trees and other natural vegetation; 3. A site plan indicating the existing and proposed uses, gross floor area, lot coverage, height, parking and density, and a circulation plan; 4. Architectural plans indicating exterior elevations, floor plans, colors, material of buildings and structures; 5. Preliminary development schedule indicating sequence and timing of development; and 6. Guidelines for the physical development of the property, including illustrations of proposed architectural, urban design, and landscape concepts. 7. Proposed Conditions, Covenants, and Restrictions, subject to review and approval by the City Attorney.

F. The application for the approval of the Master Plan shall be processed the same as a zone change pursuant to Title 9 Chapter 3 Article 23 of the Los Banos Municipal Code. In order to approve the Master Plan the Planning Commission and the City Council shall find that the proposed Master Plan:

I. Conforms to the General Plan; 2. Generally complies with the land use and development regulations of the underlying Zoning District and does not significantly alter the regulations; 3. Can be adequately, reasonably and conveniently served by public services, utilities and public facilities; and 4. Based on the fiscal impact analysis, the Master Plan area will be financially selfsustaining, so that it imposes no additional financial burden on the residents, property owners or taxpayers in other areas of the City, by providing for the payment of all costs for the public facilities and services necessary to serve the Master Plan area.

G. Procedures for an amendment to the adopted Master Plan shall be initiated in the same manner as same as a zone change pursuant to Title 9 Chapter 3 Article 23 of the Los Banos Municipal Code. Substantial amendments to the adopted Master Plan may trigger the requirement for a revised fiscal impact analysis.

H. The approved Master Plan shall run with the land and be binding on any subsequent owners, heirs or assignees acknowledging and agreeing to comply with the approved Master Plan. The approved Master Plan shall become void five years following the date of approval, unless building permits have been issued for 25% of the estimated building square footage of the Master Plan as authorized in the approved Master Plan. The approved Master Plan may specify adherence to a development staging or phasing program. The approved Master Plan may be renewed for a period approved by the City Council after a duly noticed public hearing, by the Planning Commission and City Council. Application for renewal shall be made in writing between thirty (30) and ninety (90) days prior to the lapse of the original approval.

I. Site plans for a project within the approved Master Plan area shall only be accepted for review if they are consistent with the approved Master Plan, and with all other applicable requirements of this Agreement and the Los Banos Municipal Code.

2. Financially Self Sustaining Development. The intent of the parties to this Agreement is that the development of the Subject Property will be financially self-sustaining, so that it imposes no additional financial burden on the residents, property owners or taxpayers in other areas of the City, by providing for the payment of all costs for the public facilities and services necessary to serve such development.

A fiscal impact analysis shall be conducted at the Developer's expense for the proposed Master Plan identifying the financial requirements for the Project and setting forth an Implementation Plan to provide for the payment of all costs for the public facilities and services necessary to serve such development.

3. Participation in a Community Facilities District. Prior to approval of any final or parcel map, or issuance of a building permit the Developer shall form or annex the Subject Property to a

community facilities district created for the purposes of funding public safety, as authorized by Government Code section 53313(a) and (b). The form, terms and conditions and the tax rate for the formation of the Mello-Roos district, or in the alternative the annexation of the Subject Property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. District formation or annexation shall be at the sole cost of the Developer.

4. Participation in a Lighting and Landscaoing District. Prior to approval of any final or parcel map, or issuance of a building permit the Developer shall form or annex the Subject Property to a Lighting and Landscaping District created for purposes of maintaining public landscape areas, signage and public lighting including a share of traffic signal maintenance costs as authorized pursuant to the Landscape and Lighting Act of 1972, Part s of Division 15 of the California Streets and Highways Code, and Article xmD of the California Constitution. The form, terms and conditions and the tax rate for the formation of the Lighting and Landscaping district, or in the alternative the annexation of the Subject Property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. District formation or annexation shall be at the sole cost of the Developer.

EXHIBITD

[SAMPLE FORM]

NOTICE OF TERMINATION

THIS NOTICE OF TERMINATION (hereinafter "this Notice") is given this day of , 20_, by the City of Los Banos (hereinafter called "City") for the benefit of __________________ , (hereinafter "Owner").

I. On , 20_, the City of Los Banos and entered into that certain agreement entitled "Pre Annexation Development Agreement," approved by Ordinance (hereinafter "Agreement"), relative to the development known as the _______ (hereinafter "Subject Property").

2. Owner has fully performed all its duties with respect to that portion of the Subject Property, which portion of the Subject Property is identified and described in Exhibit "A," attached hereto and incorporated herein by this reference (hereinafter the "Released Property").

3. Pursuant to Section of the Pre Annexation Development Agreement, the Pre Annexation Development Agreement is no longer in effect with respect to the Released Property.

CITY OF LOS BANOS

By: City Manager or Designee


PROPERTY OWNER'S CONSENT [APN 081-110-007]

I1We, the undersigned am/are the owner(s) of record of APN 081-110-007 that property described in Exhibit A to this Pre Annexation Agreement by and between the City of Los Banos and AMG & Associates LLC, relative to the project known as the AMG Industrial Business Park Annexation. I1We hereby consent to all the terms and conditions of said agreement and agree that my/our property as described herein shall be bound by all of the terms and conditions of said agreement.

Dated:

Dated:

Dated:

Dated:


RESOLUTION NO. 5629

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS REQUESTING THE ANNEXATION AND PRE-ZONE OF APPROXIMATELY 28.5 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF OVERLAND AVENUE AND JOHNSON ROAD, IN THE COUNTY OF MERCED, CALIFORNIA, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER: 081-110-007

WHEREAS, AMG & Associates initiated consideration of an annexation and preZone application with the City of Los Banos to annex approximately 28.5 acres of property located at the southeast corner of Overland Avenue and Johnson Road, Merced County, California, more specifically identified as Assessor's Parcel Number: 081-110-007; and

WHEREAS, the City Council of the City of Los Banos finds that the property is within the Los Banos Sphere of Influence (SOl); and

WHEREAS, after considering the City's General Plan policies, it has been determined that the annexation and pre-zone of the above described property is consistent with the General Plan and its policies; and

WHEREAS, THE City of Los Banos finds that the annexation of the subject property as conditioned is consistent with the annexation policies of Merced County LAFCO; and

WHEREAS, THE City of Los Banos proposes to pre-zone the subject property to Industrial (I) in accordance with the land use designation of the Los Banos General Plan; and

WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, the annexation and pre-zone were evaluated in an Initial Study/Mitigated Negative Declaration (SCH #2014091056) and approved by the City Council of the City of Los Banos (Resolution No. 5628) on December 3, 2014; and

WHEREAS, the Planning Commission of the City of Los Banos scheduled and duly noticed a public hearing to consider and take testimony regarding these matters and recommended approval of the Los Banos City Council on November 12, 2014; and

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WHEREAS, the Los Banos City Council scheduled and duly noticed a public hearing in accordance with the California Government Code Section 65091 by advertisement in the Los Banos Enterprise and by mail to property owners within 300 feet of the project boundaries on November 21, 2014 to consider and take testimony regarding these matters on December 3, 2014 and continued the hearing to January 7, 2015; and

WHEREAS, the City Council of the City of Los Banos authorized a PreAnnexation Development Agreement (Ordinance No. 1125) for the subject territory with a first reading and introduction on December 3, 2014 and the second reading and adoption on January 7,2015; and

BASED UPON THE EVIDENCE PRESENTED AT THE PUBLIC HEARING, the City Council of the City of Los Banos does hereby make the appropriate findings set forth in Exhibit A (Findings of Approval), attached hereto and incorporated herein by this reference.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve Annexation (ANX #2013-01) and Pre-Zone (ZC #2013-02) for the annexation of 28.5 acres into the incorporated City limits of the City of Los Banos for future industrial development for AMG & Associates, subject to the Conditions of Approval (Exhibit B), incorporated herein by this reference.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the yth day of January 2015, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution is hereby adopted by the following vote:

AYES: NOES: ABSENT:

APPROVED:


ATTEST:


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EXHIBIT A

PROJECT FINDINGS FOR ANNEXATION #2013-01 AND PRE-ZONE #2013-02 FOR AMG & ASSOCIATES

The City of Los Banos City Council hereby finds as follows:

1. The Los Banos General Plan was adopted by the City on July 15, 2009 and the Project was prepared in accordance with it;

2. The Project is within the adopted Sphere of Influence of the City of Los Banos;

3. The annexation and pre-zoning will not be detrimental to the health, safety, comfort, or general welfare of the persons residing or working in the City of Los Banos, or injurious to property or improvements in the surrounding neighborhoods or within the City;

4. The use is compatible with the adjacent uses, properties, and neighborhoods, and will not be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the City and will not result in detrimental effects to neighboring properties or to City services;

5. The proposed annexation is consistent with LAFCO annexation policies. The City has adequate fire and police services and a fee program that ensures continued adequate services. The City provides wastewater services, and there is adequate capacity at the City's wastewater treatment plant and the City has initiated a two phase expansion and study of the fee structure to ensure that adequate capacity and funding to finance the expansion will be available before the existing capacity is exhausted. The City provides water services, and the quantity of the City's groundwater reserves is adequate for planned growth within the Sphere of Influence. The City requires developers to improve street frontages and to pay a traffic impact fee to ensure that the City's transportation infrastructure is adequate to the extent feasible. The majority of significant transportation deficiencies in the City involve Pacheco Boulevard, and improvements to traffic conditions on Pacheco Boulevard are contingent on the State's construction of the State Route 152 bypass, which is outside the control of the City.

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EXHIBIT B

CONDITIONS OF APPROVAL FOR ANNEXATION #2013-01 AND PRE-ZONE #2013-02 FOR AMG & ASSOCIATES

1. The property and use shall be in substantial conformance with the PreAnnexation Development Agreement and conditions of approval.

2. The applicant or successor(s) in interest agrees as a condition and in consideration of the approval of this and related approvals that it shall defend, indemnify and hold harmless the City of Los Banos or its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul this approval, which action is brought within the time period provided for under law, including but not limited to, Government Code Section 66499.37, as applicable.

3. The applicant or successor(s) in interest shall reimburse the City for any court costs and attorney's fees that the City may be required by a court to pay as a result of such action. City may, at its sole discretion, participate in the defense of such action; but such participation shall not relieve applicant of his obligations under this condition. An agreement to this effect shall be recorded upon demand of City Council concurrent with the issuance of permits or use of the property, whichever occurs first and as applicable. The City shall promptly notify the applicant of any such claim, action or proceeding, and the City shall cooperate fully in the defense thereof. If the City fails to promptly notify the applicant of any such claim, action, or proceeding or fails to cooperate fully in the defense thereof, the applicant shall not thereafter be responsible to defend, indemnify, or hold the City harmless.

Notice: This approval may contain fees, dedications, reservations or other exactions as defined by the Mitigation Fee Act (Government code sections 66000 et seq.) This notice triggers the 90 day protest period as provided for by the Mitigation Fee Act.

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LOS Banos ..... ""_ ... _ .... __ "" ____ ' .. ____ .. ~ __ """'o=! _______ .. " ______ ... =""

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT

Date: November 21, 2014

Regarding: Notice of Public Hearing

Proposal: Mitigated Negative Declaration (SCH #2014091056), Annexation #2013-01, Prezone #2013-02, and Pre-Annexation Development AgreementAMG & Associates

NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider Annexation 2013-01, Prezone #2013-02, Pre-Annexation Development Agreement, and associated Mitigated Negative Declaration for AMG & Associates. The project proposal is to incorporate approximately 28.5 acres into the City of Los Banos for future development of industrial type uses. The subject property is generally located on the southeast corner of Johnson Road and Overland Avenue; more specifically described as Assessor's Parcel Number: 081-110-007.

The Los Banos Planning Commission held a public hearing on November 12, 2014 for the purpose of considering the above mentioned project. At the completion of the public hearing, the Planning Commission recommended approval of Mitigated Negative Declaration (SCH #2014091056), Annexation #2013-01, Pre-Zone #2013-02, and PreAnnexation Development Agreement to the Los Banos City Council.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, December 3, 2014 at 7:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 "J" Street. Questions regarding the above-referenced item may be directed to Stacy Souza Elms, Assistant Planner II at City Hall or at (209) 827-7000, Ext. 133.

Persons wishing to provide oral comments on the proposed project may do so at this meeting or may provide written comments on this matter prior to the public meeting. Written comments may be sent by U.S. Mail or hand delievered to the City of Los Banos City Hall at 520 "J" Street, Los Banos, California 93635. Please be advised that should the action by the City Council be challenged in court, you may be limited to only those issues raised at the hearings or by written comment per Government Code Section 65009.

THE CITY OF LOS BANOS

Stacy Souza Elms Assistant Planner II

TO:

FROM:

DATE:

LOS Banos\, .i r f

Agenda Staff ReP-Q!!

Mayor VillaIta and Council Members

Stacy Souza Elms, Assistant Planner II~

January 7, 2015

SUBJECT: Donation/Collection Boxes Ordinance

TYPE OF REPORT:

Recommendation:

Public Hearing

Staff Recommends that the City Council:

• Receive presentation of the staff report;

• Open the public hearing and receive public testimony;

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

• Waive the first reading and introduce Ordinance No. __ adding Article 40 ofTitle 9, Chapter 3 of the Los Banos Municipal Code relating to unattendeddonation/collection boxes.

Background:

The City Manager has requested that the Community Development Department preparean ordinance regulating unattended donation boxes. The City Manager's request for theordinance was in response to several complaints from residents and businesses,

regarding the negative impacts resulting from the proliferation of donation boxes thathas been occurring within the City of Los Banos.

On October 22, 2014, the Los Banos Planning Commission was presented an analysisfrom staff regarding the need for an ordinance to provide for regulation of unattendeddonation/collection boxes within the City of Los Banos. The Planning Commissiondirected the Community and Economic Development Department to prepare theordinance proposal in ordinance format and adopted the proposal on November 12,2014.

Subsequent to the Planning Commission's approval on November 12, 2014, staffreceived a comment letter from USAgain on November 18, 2014 requesting the Cityconsider revisions to the recommended ordinance. In light of this letter, City staff hasmade a number of revisions that clarify the intent of the ordinance as it pertains to forprofit operators of donation/collection boxes; increases the maximum size of the alloweddonation/collection boxes; sets forth the required statutory language that is required tobe on the outside of the donation collection boxes; and restricts the placement of thedonation/collection boxes from within five feet of the public right-of-way.

Discussion:

Unattended donation boxes can be found throughout the city. The lack of regulationson unattended donation boxes has resulted in unwanted and negative impacts affectingthe community of Los Banos. Code Enforcement Staff has reported that unattendeddonation boxes have also become a target for scavengers and for illegal dumping,which is harmful to surrounding businesses. The mess resulting from scavenging andillegal dumping is not only unsightly and detrimental to surrounding businesses but hasthe potential for creating potential health and safety concerns. It has also come to theattention of the City that donation boxes have been placed on private property withoutthe property owner's consent.

Staff is unaware of any surrounding jurisdictions who have adopted ordinances toaddress the placement of donation boxes.

In July 2010, the state enacted Assembly Bill (AB) 918 which amended portions of theWelfare and Institutions Code (See Attachment A) in an effort to regulate unattendeddonation boxes, and to provide consumers information regarding how their donationswould be used. The law required, among other disclosures, that unattended donationboxes provide a written display of the organization which benefits from the donation andwhether or not it is a non-profit entity. Importantly, the law did not limit the ability of localmunicipalities to place further restrictions on the bins.

Ordinance Development

The significant provisions of the proposed Ordinance are outlined below:

• Permit.An administrative permit issued by the Community and Economic DevelopmentDepartment shall be required before placement on any property.

• Property Owner Consent.The permittee of the unattended donation box must have written consent of theowner of the real property on which the box will be placed.

• Permit Fee.Each initial application will be accompanied by a nonrefundable fee of $180 tocover the cost of analyzing and processing the initial application. Each renewalthereafter would be accompanied by a processing fee of $50.

• Renewal.Permit valid for one year, permittee must reapply for a renewal of the permit priorto expiration.

• Revocation and Nuisance Abatement.Failure to comply with the terms of the permit or other provisions of the codeshall be grounds for revocation of the permit and require removal of the donationbox.

• Location and Concentration and Zoning District.Not allowed in residential districts. Limit to the number of boxes per parcel ofreal property. Not located within 400 feet of any other unattended donation box.Not placed on required parking spaces. Not placed in a location that would posea traffic/visibility line of sight concern. Location of box would not impede bicycleor pedestrian traffic.

• Size.Standard size - for example not to exceed 4x4x6 without administrative approval.

• Maintenance.Must be in good condition and appearance, free of junk, garbage, trash, debris,and graffiti. Must be locked and secured and emptied at least once every 30days.

• Appeal.Anyone in disagreement with the decision to grant or deny the application forUnattended Donation Boxes may appeal the decision to the City Manager withinten (10) days after receiving notice of decision from the Community & EconomicDevelopment.

Ordinance Implementation

Staff recommends that within a time period to be specified in the Ordinance, all personshaving an unattended donation box on their property apply for a permit. Unattendeddonation boxes not having the required permit would be cited for action by CodeEnforcement. Staff recommends this approach as the precise number and location ofthe boxes is unknown; therefore, allowing pre-existing uses to continue would make

enforcement nearly impossible as the City would not be able to determine whichdonation boxes were placed prior to the adoption of the Ordinance.

Existing Collection Bin Locations

Business Name Address I1. Town & Country Liquor 1248 E. Pacheco Blvd.2. Mi Barrio Food & Gas Mart 403 N. Mercey Springs Rd.3. New Life Community Church 1230 Overland Avenue4. Los Banos Donut Shop 609 W. Pacheco Blvd.5. Papa Murphy's Take-n-Bake 603 Pacheco Blvd.6. L&L Landscapinq 1310 Ward Rd.7. La Bodeqa Bav Furniture 2225 E. Pacheco Blvd.8. EI Grullense, Jal. 1024 E. Pacheco Blvd.9. Sherwood Grain 500 Mercey Sprinqs Rd.10. Georqe Allen Construction *21520 Hwv 152

*Outside City Limits

Reviewed by:


Attachments:

1. Ordinance2. USAgain Letter - November 18, 20143. Public Hearing - December 26,2014

(

(/fP £, Revised/Updated January 6. 2015j[t /'

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF LOS BANOS ADDING ARTICLE 40CHAPTER 3 TO TITLE 9 OF THE LOS BANOS MUNICIPAL CODERELATING TO UNATTENDED DONATION/COLLECTION BOXES

WHEREAS, The Planning Commission directed the Community DevelopmentDepartment to prepare a proposed ordinance to provide for regulation of unattended donation/collection boxes within the City of Los Banos;

WHEREAS, the Planning Commission conducted a duly noticed public hearing on theproposed ordinance on , 2014 and ------' 2014, at which time all individuals desiring tocomment on the proposed ordinance were heard and on ,2014 and on ,2014the Planning Commission recommended that the City Council adopt the proposed ordinanceadding Article 40 to Chapter 3 Title 9 of the Los Banos Municipal Code;

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

THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN ASFOLLOWS:

Section 1. Article 40, "Regulation of Unattended Donation/Collection Boxes," is herebyadded to Chapter 3 Title 9 of the Los Banos Municipal Code to read as follows:

Article 40. Regulation of Unattended Donation/Collection Boxes

9-3.4001 Purpose and Intent.9-3.4002 Definitions.9-3.4003 Permits.9-3.4004 Renewal of Permits.9-3.4005 Requirements and Maintenance.9-3.4006 Revocation of Permits, Removal of Unattended Donation/Collection Boxes andLiability.9-3.4007 Violation - Penalty.9-3.4008 Appeal to City Manager.9-3.4009 Administrative Fees.9-3.4010 Exemption.

Sec. 9-3.4001 Purpose and Intent. The purpose of this Article is to regulate the placement ofUnattended Donation/Collection Boxes within the City. The procedures and requirements of thisArticle are enacted to:

A. Promote the community's health, safety, and welfare by regulating UnattendedDonation/Collection Boxes for clothing or other salvageable personal property within the City;

Revised/Updated Januarv 6. 2015

B. Ensure that Unattended Donation/Collection Boxes do not pose a hazard to pedestrian andvehicular traffic;

C. Ensure that material is not allowed to accumulate outside of the UnattendedDonation/Collection Boxes where it can be scattered by adverse weather conditions, animalcontacts or human activities; and

D. Establish criteria that avoid attracting vermin, unsightliness, and public health hazard.

Sec. 9-3.4002 Definitions.

A. A "Conmlercial Fundraiser" is a person or corporation paid by a charity to raise money on thecharity's behalf as defined in Government Code 12599(a).

Aa. "Director" means Director of the Community Development Department or designee.

C. "Nonprofit organization" means an organization that is exempt from taxation pursuant toSection 50l(c)(3) or 50l(c)(4) of the United States Internal Revenue Code.

ED. "Operator" means a person, entity, association or organization who places, maintains oroperates Unattended Donation Bel((es)/Collection Box(es) to solicit the donations or collectionof salvageable personal property.

G);. "Permittee" means the Property Owner or Operator who is issued a pemlit authorizing theplacement ofUnattended Donations B81((es)/Collection Box(es).

Gr. "Property Owner" means the person, entity, association or organization who owns the realproperty where the Unattended Donation Bm((es)/C6llectiol1 Boxes are or are proposed to belocated.

Hg. "Residential District" includes residential zoning districts as established pursuant to Title 9Chapter 3 of this Code.

FH. "Unattended Donation~/Collection Box" means any unattended container, receptacle, orsimilar device that is located on any property within the City used for soliciting and collectingdonations of clothing or other salvageable personal property. This term does not include recyclebins for the collection of recyclable materials governed or regulated by this Code.

Sec. 9-3.4003 Permits.

A. Unless otherwise exempt, it shall be unlawful and a public nuisance for any Property Owneror Operator to place, operate, maintain or allow Unattended Donation~/Collectiol1 Box(es)on real property unless the Property Owner or Operator frrst obtains a permit pursuant to thisArticle and the Unattended Donation~/Collectiol1 Box is placed, operated and maintained inaccordance with all provisions in this Article.

(

Revised/Updated January 6. 2015

B. One (1) pennit application per parcel shall be completed and filed, listing all donation bOleUnattended Donation/Collection Box locations on the parcel. The pennit application shall bemade on a fonn provided by the Director and shall include the following infonnation:

I. The name, address, email, website (if available) and telephone number of the applicant;

2. The name, address, email, website (if available) and telephone number of the Operator of thedonation boxUnattended Donation/Collection Box;

3. The name, address, email, website (if available) and telephone number of the Property Ownerof the parcel on which each donation bOl[ Unattended Donation/Collection Box is located;

4. The name, address, email, website (if available) and telephone number of the person who isresponsible for maintaining each donation bOl[ Unattended Donation/Collection Box;

5. A signed notarized statement from the property owner or the property owner's agent of theparcel consenting to the placement of the donation box Unattended Donation/Collection Box onthe property;

·6. The manner in which the donated items will be used, sold, disposed of; whether the donateditems will be used for charitable purposes and if so, a description of those charitable purposes;

7. If the Operator will be soliciting donations for charitable purposes Wwritten proof sufficient toestablish that the Operator who will utilize the Unattended Donation/Collection Box is qualifiedto solicit donations of salvageable personal property pursuant to California Welfare andInstitutions Code section 148.3, as amended;

8. The outside dimensions of the Unattended Donation Box/Collection Box not to exceed J:!ft byJ:!ft by 6ft;

9. The text of the disclosures that will be made on the Unattended DQnation/Collection Box asrequired by Section 9-3.4005A(J:!) and(5); and

10. The physical address of the Proj3erty OVffior's real property and a drawing sufficient toindicate the proposed location of the Unattended Donation-BOJ</Collection Box on the ProportyOvmor's real property, as well as the size of the proposed Unattended DonationBox(es)/Collection Box(es).

C. Each application shall be accompanied by a nonrefundable fee in the amount established byResolution of the City Council. This fee shall be in addition to any fee or tax imposed by the Citypursuant to any other provision of this Code.

D. Applications shall be filed with the Director.

E. Within thirty (30) days ofreceiving a completed application, the Director shall issue a pennitor deny the issuance of a pennit.

F. The Director shall not issue a pennit unless:


1. The Property Owner has submitted a complete and accurate application accompanied by theapplicable fee;

2. Ihe Ojlerator v,ho will maintain or ojlerale Ihe UnatleHtlea Donation Box is qualifiea 10 solieilaonations of salvageable jlersonal jlfOjlerty pursuant to Califurnia Welfare ana InstiMions CoaeSeetion 14 g.3, as amenaea; The proposed Unattended Donation/Collection Box is in compliancewith all the requirements of this Article; and

3. The proposed location and placement of the Unattended Donation/Collection Box on thePfOjlerty Owner's real property is in compliance with all applicable zoning and buildingregulations; this municipal code; State laws; and will not impede pedestrian, bicycle, sitedistances on to adjacent streets or vehicular traffic.

G. If the Director denies an application the Director shall provide the Projlerty Ownerapplicant,in writing, the specific reasons for denial.

H. A-Ppermit issued hereunder shall be valid for a maximum of three UnattendedDonation/Collection Boxes per parcel of property. Each parcel of property where an UnattendedDonation/Collection Box is located shall have its own individual permit.

1. The term of the permit shall expire one year from the date of issuance.

J. No person or Operator to whom a permit has been issued shall transfer, assign, or convey suchpermit to another person or Operator.

K. Prior to expiration of the permit, the Permittee may voluntarily cancel the permit by notifyingthe Director in writing of the intent to cancel the permit. The permit shall become void upon theDirector's receipt of a written notice of intent to cancel the permit.

Sec. 9-3.4004 Renewal of Permits.

A. A Permittee may apply for permit renewal by submitting to the Director, before the expirationof the permit, a renewal application and a non-refundable renewal fee in an amount set byResolution of the City Council.

B. The Director shall either approve or deny the renewal of a permit within thirty (30) days ofreceipt ofthe complete renewal application and payment of the renewal fee.

C. The Director shall approve the renewal of a permit if he or she finds that no circumstancesexisted during the term of the permit, existed at the time of submission of an application forrenewal, or existed at any time during the review of the application for renewal, that areinconsistent with any finding required for approval of a new permit as specified in Section 93.4003, or that would justify the revocation of the permit as specified in Section 9-3.4006.

Sec. 9-3.4005 Requirements and Maintenance.

A. The Permittee and Operator shall be individually and severally responsible for operating andmaintaining, or causing to be operated and maintained, all Unattended Donation/CollectionBoxes located in the City as follows:

(


I. Unattended Donation/Collection Boxes shaH be maintained in good condition and appearancewith no structural damage, holes, or visible rust, and shall be free of graffiti;

2. Unattended Donation/Collection Boxes shall be no more than 31ft by 31ft by 6ft;

~J Unattended Donation/Collection Boxes shall be locked or otherwise secured;

31. Unattended Donation/Collection Boxes shall contain the foHowing contact information intwo inch type visible from the front of each Unattended Donation/Collection Box: the name,address, email, and phone number of both the Permittee and Operator;

5. The front of every Unattended Donation/Collection Box shall display conspicuously astatement in at least two-inch font that either reads, "This collection box is owned and operatedby a for-profit organization." or "This collection box is owned and operated by a nonprofitorganization." For pumoses of this Article, a commercial fundraiser shall be classified as a forprofit organization. The Unattended Donation/collection Box shall be marked clearly to identifythe type of salvalgable materials to be deposited.

(a) If the Unattended Donation/Collection Box is owned by a nonprofit organization, thefront of the Unattended Donation/Collection Box shall also conspicuously display astatement describing the charitable cause that will benefit from the items donated.

(b) If the Unattended Donation/Collection Box is owned by a for-profit entity, the frontof the Unattended Donation/Collection Box shall also conspicuously display a statementthat reads "This collection is not tax deductible." If the Unattended Collection Box isowned and operated by a commercial fundraiser, the commercial fundraiser may postnotice of collections to a charitable cause only on the sides of the box. This notice shallalways be smaller in size than the for-profit entity's nanle and address and shall constituteonly 25 percent of the notice space of the box.

4fi. The Permitee and Operator shall place a copy of the permit in a prominent and visiblelocation in the front of the box in plain view for inspection by the public and City officials.

~1- Unattended Donation/Collection Boxes shall be serviced and emptied as needed, but at leastonce per month, or within five (5) business days of a request by the Director.

B. The Permittee and Operator shall be individually and severally responsible for maintaining, orcausing to be maintained, the area surrounding the Unattended Donation/Collection Boxes freeof any junk, garbage, trash, debris or other refuse material.

C. The Permittee and Operator shall be individually and severally responsible for abating andremoving all junk, garbage, trash, debris and other refuse material in the area surrounding theUnattended Donation/Collection Boxes within 24 hours ofwritten or verbal notice from the City.

D. The Permittee and Operator shall be individually and severally responsible for all costs forabating and removing any junk, garbage, trash, debris and other refuse material from the areasurrounding the Unattended Donation/Collection Boxes.

Revised!Updated January 6. 2015

E. It shall be unlawful for any Property Owner or Operator to place an UnattendedDonation/Collection Box in any Residential District.

F. No Unattended Donation/Collection Box location shall be placed within 400 feet from anotherUnattended Donation/Collection Box location.

G. No Unattended Donation/Collection Box shall be placed on required parking spaces, or withinfive (5') feet of the property line or public right of way, or within any corner vision triangle, andshall not constitute a traffic hazard.

H. No more than three (3) Unattended Donation/Collection Boxes shall be placed on each parcelof real property.

1. Failure to maintain an Unattended Donation/Collection Box in accordance with this section isa public nuisance.

Sec. 9-3.4006 Revocation of Permit, Removal of Unattended Donation/Collection Boxes andLiability. The Director shall have the right to revoke any permit issued hereunder if any of thegrounds to refuse issuance of the initial permit exists. In addition, the failure of the Permittee tocomply with the provisions of this Article, or other provisions of this Code or other law, shallalso constitute grounds for revocation of the permit. The Director shall provide a writtennotification to the Permittee stating the specific grounds for revocation. Upon revocation, theUnattended Donation/Collection Box shall be removed from the Permittee's real property withinthirty (30) calendar days and, if not removed within this time period, the City may remove, storeand dispose of the Unattended Donation/Collection Box at the Permittee's sole cost and expense.Upon revocation, a Permittee shall be prohibited from applying for a permit for a period of oneyear. Any violation of the provisions of this Article is a public nuisance subject to abatementpursuant to this Code or as otherwise permitted by law.

Sec. 9-3.4007 Violation - Penalty. In addition to any other remedy or penalty set forth in thisArticle or this Code, administrative penalties may be imposed pursuant to applicable provisionsof Chapter 11 Title 4 of this Code against any responsible party, in violation of any of theprovisions of this Article. Imposition, enforcement, collection and administrative review ofadministrative penalties imposed shall be conducted pursuant to Chapter 11 Title 4 of this Code.Nothing in this Article shall limit the City from using any remedy legally available for violationsofthis Article

Sec. 9-3.4008 Appeal to City Manager. Any person aggrieved by the decision rendered by theDirector in granting or denying an application for a permit under this Article, or in revoking orrefusing to renew a permit issued hereunder, may appeal the decision to the City Manager. Theappeal shall be made by filing a written notice thereof with the City Clerk not later than ten (10)calendar days after receiving notice of the decision of the Director. The City Manager shall holda hearing on the appeal within thirty (30) calendar days. The City Manager's decision shall befinal.

Sec. 9-3.4009 Administrative Fees. The City council may by Resolution establish reasonablefees and deposits to defray the cost of processing applications, proposals and for theadministration of this Ordinance.


Sec. 9-3.4010 Exemption. Unattended Donation/Collection Boxes located entirely within theinterior of a building are exempt from the requirements ofthis Chapter.

Section 2. The provisions of this Article as enacted in this Ordinance shall apply to allunattended donation boxes located within the City of Los Banos as of the effective date of thisOrdinance. All persons who have one or more HUnattended dDonation/Collection bRoxeslocated on their real property as of the effective date of this Ordinance shall have sixty (60) daysfrom that date to file an application for a permit as provided for in this Article. Any person whohas filed a timely application for a permit shall not be subject to the provisions of this Articlerelating to HUnattended aDonation/Collection bRoxes until a permit is issued or denied to theapplicant.

Section 3. To the extent that the terms and provisions of this Ordinance may beinconsistent or in conflict with the terms or conditions of any prior City ordinance, motion,resolution, rule or regulation goveruing the same subject, the terms of this Ordinance shallprevail with respect to the subject matter thereof and such inconsistent or conflicting provisionsofprior ordinances, motions, resolutions, rules or regulations are hereby repealed.

Section 4. If any section, subsection, subdivision, paragraph, sentence, clause or phraseadded by this Ordinance, or any part thereof, is for any reason held to be unconstitutional orinvalid or ineffective by any court of competent jurisdiction, such decision shall not affect thevalidity or effectiveness of the remaining portions of this Ordinance or any part thereof. TheCity 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 moresubsections, subdivisions, paragraphs, sentences, clauses or phrases are declaredunconstitutional, invalid or ineffective.

Section 5. 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 thisOrdinance and cause the same to be posted and published once within fifteen days after passageand adoption as may be required by law; or, in the alternative the City Clerk may cause to bepublished a summary of this Ordinance and a certified copy of the text of this Ordinance shall beposted 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, theaforementioned summary and shall post a certified copy of this Ordinance, together with the votefor and against the same, in the Office of the City Clerk.

Introduced by Council Member and seconded by Council Member onthe __ day of , 2014~.

Passed on the __ day of , 2014~ by the following vote:

AYES:NOES:ABSENT:

Council Members

APPROVED:

ATTEST:

Lucille 1. Mallonee, City Clerk

Revised/Updated January 6, 2015


ORDINANCE NO.

AN ORDINANCE OF THE CITY OF LOS BANOS ADDING ARTICLE 40CHAPTER 3 TO TITLE 9 OF THE LOS BANOS MUNICIPAL CODERELATING TO UNATTENDED DONATION BOXES

WHEREAS, The Planning Commission directed the Community DevelopmentDepartment to prepare a proposed ordinance to provide for regulation of unattended donationboxes within the City of Los Banos;

WHEREAS, the Planning Commission conducted a duly noticed public hearing on theproposed ordinance on ,2014 and __, 2014, at which time all individuals desiring tocomment on the proposed ordinance were heard and on , 2014 the Planning Commissionrecommended that the City Council adopt the proposed ordinance adding Article 40 to Chapter 3Title 9 of the Los Banos Municipal Code;

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

THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN ASFOLLOWS:

Section 1. Article 40, "Regulation of Unattended Donation Boxes," is hereby added toChapter 3 Title 9 of the Los Banos Municipal Code to read as follows:

Article 40. Regulation of Unattended Donation Boxes

9-3.4001 Purpose and Intent.9-3.4002 Definitions.9-3.4003 Permits.9-3.4004 Renewal of Permits.9-3.4005 Requirements and Maintenance.9-3.4006 Revocation of Permits, Removal of Unattended Donation Boxes and Liability.9-3.4007 Violation - Penalty.9-3.4008 Appeal to City Manager.9-3.4009 Administrative Fees.9-3.4010 Exemption.

Sec. 9-3.4001 Purpose and Intent. The purpose of this Article is to regulate the placement ofUnattended Donation Boxes within the City. The procedures and requirements of this Article areenacted to:

A. Promote tlle community's health, safety, and welfare by regulating Unattended DonationBoxes for clothing or other salvageable personal property within the City;

B. Ensure that Unattended Donation Boxes do not pose a hazard to pedestrian and vehiculartraffic;

C. Ensure that material is not allowed to accumulate outside of the Unattended Donation Boxeswhere it can be scattered by adverse weather conditions, animal contacts or human activities; and

D. Establish criteria that avoid attracting vermin, unsightliness, and public health hazard.

Sec. 9-3.4002 Definitions.

A. "Director" means Director of the Community Development Department or designee.

B. "Operator" means a person, entity, association or organization who places, maintains oroperates Unattended Donation Box(es) to solicit donations of salvageable personal property.

C. "Permittee" means the Property Owner or Operator who is issued a permit authorizingplacement of Unattended Donations Box(es).

D. "Property Owner" means the person, entity, association or organization who owns the realproperty where the Unattended Donation Box(es) are or are proposed to be located.

E. "Residential District" includes residential zoning districts as established pursuant to Title 9Chapter 3 of this Code.

F. "Unattended Donation Box" means any unattended container, receptacle, or similar device thatis located on any property within the City used for soliciting and collecting donations of clothingor other salvageable personal property. This term does not include recycle bins for the collectionof recyclable materials governed or regulated by this Code.

Sec. 9-3.4003 Permits.

A. Unless otherwise exempt, it shall be unlawful and a public nuisance for any Property Owneror Operator to place, operate, maintain or allow Unattended Donation Boxes on real propertyunless the Property Owner first obtains a permit pursuant to this Article and the UnattendedDonation Box is placed, operated and maintained in accordance with all provisions in thisArticle.

B. One (1) permit application per parcel shall be completed and filed, listing all donation boxlocations on the parcel. The permit application shall be made on a form provided by the Directorand shall include the following information:

1. The name, address, email, website (if available) and telephone number of the applicant;

2. The name, address, email, website (if available) and telephone number of the Operator of thedonation box;

3. The name, address, email, website (if available) and telephone number of the Property Ownerof the parcel on which each donation box is located;

4. The name, address, email, website (if available) and telephone number of the person who isresponsible for maintaining each donation box;

5. A signed notarized statement from the property owner of the parcel consenting to theplacement of the donation box on the property;

6. The manner in which the donated items will be used, sold, disposed of; whether the donateditems will be used for charitable purposes and if so, a description of those charitable purposes;

7. Written proof sufficient to establish that the Operator who will utilize the UnattendedDonation Box is qualified to solicit donations of salvageable personal property pursuant toCalifornia Welfare and Institutions Code section 148.3, as amended;

8. The outside dimensions of the Unattended Donation Box not to exceed 3ft by 3ft by 6ft;

9. The text of the disclosures that will be made on the Unattended Donation Box as required bySection 9-3.4005A(3); and

10. The physical address of the Property Owner's real property and a drawing sufficient toindicate the proposed location of the Unattended Donation Box on the Property Owner's realproperty, as well as the size of the proposed Unattended Donation Box(es).

C. Each application shall be accompanied by a nonrefundable fee in the amount established byResolution of the City Council. This fee shall be in addition to any fee or tax imposed by the Citypursuant to any other provision of this Code.

D. Applications shall be filed with the Director.

E. Within thirty (30) days of receiving a completed application, the Director shall issue a permitor deny the issuance of a permit.

F. The Director shall not issue a permit unless:

L The Property Owner has submitted a complete and accurate application accompanied by theapplicable fee;

2. The Operator who will maintain or operate the Unattended Donation Box is qualified to solicitdonations of salvageable personal property pursuant to California Welfare and Institutions CodeSection 148.3, as amended;

3. The proposed location and placement of the Unattended Donation Box on the PropertyOwner's real property is in compliance with all applicable zoning and building regulations; thismunicipal code; State laws; and will not impede pedestrian, bicycle, site distances on to adjacentstreets or vehicular traffic.

G. If the Director denies an application the Director shall provide the Property Owner, in writing,the specific reasons for denial.

H. Permit issued hereunder shall be valid for a maximum of three Unattended Donation Boxesper parcel of property. Each parcel of property where an Unattended Donation Box is locatedshall have its own individual permit.

I. The term of the permit shall expire one year from the date of issuance.

1. No person or Operator to whom a permit has been issued shall transfer, assign, or convey suchpermit to another person or Operator.

K. Prior to expiration of the permit, the Permittee may voluntarily cancel the permit by notifyingthe Director in writing of the intent to cancel the permit. The permit shall become void upon theDirector's receipt of a written notice of intent to cancel the permit.

Sec. 9-3.4004 Renewal of Permits.

A. A Perntittee may apply for permit renewal by submitting to the Director, before the expirationof the permit, a renewal application and a non-refundable renewal fee in an amount set byResolution of the City Council.

B. The Director shall either approve or deny the renewal of a permit within thirty (30) days ofreceipt of the complete renewal application and payment of the renewal fee.

C. The Director shall approve the renewal of a permit if he or she finds that no circumstancesexisted during the term of the permit, existed at the time of submission of an application forrenewal, or existed at any time during the review of the application for renewal, that areinconsistent with any finding required for approval of a new permit as specified in Section 93.4003, or that would justify the revocation of the permit as specified in Section 9-3.4006.

Sec. 9-3.4005 Requirements and Maintenance.

A. The Permittee and Operator shall be individually and severally responsible for operating andmaintaining, or causing to be operated and maintained, all Unattended Donation Boxes located inthe City as follows:

I. Unattended Donation Boxes shall be maintained in good condition and appearance with nostructural damage, holes, or visible rust, and shall be free of graffiti;

2. Unattended Donation Boxes shall be no more than 3ft by 3ft by 6ft;

2. Unattended Donation Boxes shall be locked or otherwise secured;

3. Unattended Donation Boxes shall contain the following contact information in two inch typevisible from the front of each Unattended Donation Box: the name, address, email, and phonenumber of both the Permittee and Operator;

4. The Permitee and Operator shall place a copy of the permit in a prominent and visible locationin the front of the box in plain view for inspection by the public and City officials.

5. Unattended Donation Boxes shall be serviced and emptied as needed, but at least once permonth, or within five (5) business days of a request by the Director.

B. The Permittee and Operator shall be individually and severally responsible for maintaining, orcausing to be maintained, the area surrounding the Unattended Donation Boxes free of any junk,garbage, trash, debris or other refuse material.

C. The Permittee and Operator shall be individually and severally responsible for abating andremoving all junk, garbage, trash, debris and other refuse material in the area surrounding theUnattended Donation Boxes within 24 hours of written or verbal notice from the City.

D. The Permittee and Operator shall be individually and severally responsible for all costs forabating and removing any junk, garbage, trash, debris and other refuse material from the areasurrounding the Unattended Donation Boxes.

E. It shall be unlawful for any Property Owner or Operator to place an Unattended Donation Boxin any Residential District.

F. No Unattended Donation Box location shall be placed within 400 feet from anotherUnattended Donation Box location.

G. No Unattended Donation Box shall be placed on required parking spaces, or within five (5')feet of the property line, or within any corner vision triangle, and shall not constitute a traffichazard.

H. No more than three (3) Unattended Donation Boxes shall be placed on each parcel of realproperty.

1. Failure to maintain an Unattended Donation Box in accordance with this section is a publicnUIsance.

Sec. 9-3.4006 Revocation of Permit, Removal of Unattended Donation Boxes and Liability.The Director shall have the right to revoke any permit issued hereunder if any of the grounds torefuse issuance of the initial permit exists. In addition, the failure of the Permittee to comply withthe provisions of this Article, or other provisions of this Code or other law, shall also constitutegrounds for revocation of the permit. The Director shall provide a written notification to thePermittee stating the specific grounds for revocation. Upon revocation, the Unattended DonationBox shall be removed from the Permittee's real property within thirty (30) calendar days and, ifnot removed within this time period, the City may remove, store and dispose of the UnattendedDonation Box at the Permittee's sole cost and expense. Upon revocation, a Permittee shall beprohibited from applying for a permit for a period of one year. Any violation of the provisions ofthis Article is a public nuisance subject to abatement pursuant to this Code or as otherwisepermitted by law.

Sec. 9-3.4007 Violation - Penalty. In addition to any other remedy or penalty set forth in thisArticle or this Code, administrative penalties may be imposed pursnant to applicable provisionsof Chapter II Title 4 of this Code against any responsible party, in violation of any of theprovisions of this Article. Imposition, enforcement, collection and administrative review ofadministrative penalties imposed shall be conducted pursuant to Chapter II Title 4 of this Code.Nothing in this Article shall limit the City from using any remedy legally available for violationsof this Article

Sec. 9-3.4008 Appeal to City Manager. Any person aggrieved by the decision rendered by theDirector in granting or denying an application for a permit under this Article, or in revoking orrefusing to renew a permit issued hereunder, may appeal the decision to the City Manager. Theappeal shall be made by filing a written notice thereof with the City Clerk not later than ten (10)calendar days after receiving notice of the decision of the Director. The City Manager shall holda hearing on the appeal within thirty (30) calendar days. The City Manager's decision shall befinal.

Sec. 9-3.4009 Administrative Fees. The City council may by Resolution establish reasonablefees and deposits to defray the cost of processing applications, proposals and for theadministration of this Ordinance.

Sec. 9-3.4010 Exemption. Unattended Donation Boxes located entirely within the interior of abuilding are exempt from the requirements of this Chapter.

Section 2. The provisions of this Article as enacted in this Ordinance shall apply to allunattended donation boxes located within the City of Los Banos as of the effective date of thisOrdinance. All persons who have one or more unattended donation boxes located on their realproperty as of the effective date of this Ordinance shall have sixty (60) days from that date to filean application for a permit as provided for in this Article. Any person who has filed a timelyapplication for a permit shall not be subject to the provisions of this Article relating tounattended donation boxes until a permit is issued or denied to the applicant.

Section 3. To the extent that the terms and provisions of this Ordinance may beinconsistent 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 shallprevail with respect to the subject matter thereof and such inconsistent or conflicting provisionsof prior ordinances, motions, resolutions, rules or regulations are hereby repealed.

Section 4. If any section, subsection, subdivision, paragraph, sentence, clause or phraseadded by this Ordinance, or any part thereof, is for any reason held to be unconstitutional orinvalid or ineffective by any court of competent jurisdiction, such decision shall not affect thevalidity or effectiveness of the remaining portions of this Ordinance or any part thereof. TheCity 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 moresubsections, subdivisions, paragraphs, sentences, clauses or phrases are declaredunconstitutional, invalid or ineffective.

Section 5. 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 thisOrdinance and cause the same to be posted and published once within fifteen days after passageand adoption as may be required by law; or, in the alternative the City Clerk may cause to bepublished a summary of this Ordinance and a certified copy of the text of this Ordinance shall beposted 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, theaforementioned summary and shall post a certified copy of this Ordinance, together with the votefor and against the same, in the Office of the City Clerk.

Introduced by Council Member and seconded by Council Member onthe __ day of ,2014.

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

AYES:NOES:ABSENT:

ATTEST:

Council Members

APPROVED:



(ysqgain~ use It OgOif',

November 18, 2014

Mike Villalta, MayorTom Faria, Council MemberDeborah Lewis, Council MemberElizabeth Stonegrove, Council MemberScott Silveira, Council MemberCity of Los Banos520 J StreetLos Banos, CA 93635

Via Electronic Mail

RE: USAgain's Concerns with Resolution Number 2014-25

Dear Mayor Villalta and Council Members

It is our understanding that at the November 12, 2014 meeting of the PlanningCommission, the Commission adopted Resolution No. 2014-25, recommendingadoption of an ordinance of the City of Los Banos adding Article 40 of Title 9,Chapter 3 of the Los Banos Municipal Code relating to unattended donationboxes. We appreciate the Planning Commission's efforts to develop areasonable ordinance to regulate unattended donation boxes; however, we havesome concerns with the ordinance as recommended.

For background, USAgain is a for-profit textile recycling company that owns andoperates clothing collection and recycling boxes on public and private propertyfor the purpose of diverting useful items from landfills and returning them to thestream of commerce. We operate on these properties with permission and inexchange we provide a revenue sharing agreement with the property owner orlocal business operator.

USAgain works with communities across the country, on our own and in concertwith the Secondary Materials & Recycled Textiles (SMART) Association, toadvocate and pass reasonable and equitable regulations that recognize andcreate standards for the placement and operation of collection boxes. We areconfident that with meaningful regulation, as provided in the SMARTAssociation's model ordinance (see enclosure), communities such as the City ofLos Banos can balance the interests and concerns of the community whilepromoting the best practices for the operation of unattended donation boxes.Our concerns with the proposed ordinance are as follows.

1555 W. Hawthorne Lane, Suite 4W, West Chicago. IL 60185www.usagain.com·[email protected] . 800.604.9533

(usagain-+ use tt again

First we are discouraged that this proposed ordinance differentiates between

for-profit and not-for-profit entities; only allowing operators "qualified to solicitdonations of personal property pursuant to California Welfare and InstitutionsCode section 148.3, as amended." Whether an operator is a for-profit entity or anon-profit entity, diverting recyclables from the waste stream not only benefitsthe environment, but also keeps community disposal costs down. For-profitentities can help communities decrease disposal and landfill costs, while helpingthe environment and creating jobs. Additionally, to accommodate not-for-profitand for-profit providers, the terminology of this proposed ordinance should bebroadened to include not only "donation boxes," but also "collection boxes."

Second, the proposed ordinance is too restrictive. It provides that boxes are notallowed in residential areas and requires that box location be at least 400ftapart. The purpose of clothing collection boxes is to divert clothing from thewaste stream by offering a convenient recycling service to local residents whichis not only close to home, but also accessible 24 hours a day and 7 days a week.By locating collection boxes within strategic population areas, it is possible toeffectively divert items from entering the waste stream thereby helping theenvironment while decreasing community disposal costs for items that are easilyreusable or recyclable. As written, the proposed ordinance restricts collectionboxes to areas where they are not as convenient and further limits the numberof collection boxes by specifying a required distance between boxes. Thisordinance would be less restrictive if the distance between the boxes was 250ft.

Third, the proposed ordinance does not take into account current practices andrealities for box operators. One example is that the ordinance requires a signedstatement from the property owner to consent to the placement of the box. Weagree that consent is required, but in practice permission may be received fromthe owner's agent. It is often time consuming and impracticai to get consentfrom an owner and an owner's agent should suffice. Another example is thatboxes must be 3ft by 3ft by 6ft. Our boxes are currently larger than this (4ft by4ft by 6ft), which we have found is large enough to prevent overflow. Thisordinance would not only require us to purchase smaller boxes, but would alsocreate more overflows.

Overall, this ordinance attempts to balance the value of collection boxes againstthe need to regulate them. As a box operator we promote regulation, butbelieve that this ordinance can be improved. In addition to the main reasonsdetailed above, this proposed ordinance needs some clarifying language. Ascurrently written it is unclear whether a permittee can be an operator when the

1555 W. Hawthorne Lane, Suite 4W, West Chicago, IL 60185www.usagain.com·[email protected] . 800.604.9533

(usggain+ use IT agmn

ordinance states that a property owner must apply for the permit but generallydefines a permittee as an owner or operator. It is also unclear what thedisclosure requirements for the boxes may be and what will be the permit costs.

We understand that the Council wants to regulate the proliferation of collectionboxes, but boxes effectively divert items from entering the waste stream therebybenefitting the environment, decreasing community disposal costs, and helpingwith AB 939 reporting. USAgain appreciates all the time and energy that hasgone into developing this ordinance; however USAgain has concerns with theabove mentioned requirements and standards. We are willing to work with theCity to ensure that a fair and reasonable ordinance to regulate collections boxesis adopted.

Sincerely,--', _ /"") ,~

:::':j:'Lt>i/A i __~_l~~L.-

Sheila CaplisGovernment Relations Manager & Legal CounselUSAgain, LLC630-293-1239 x1012 (office)630-293-1237 (fax)[email protected]

Encl: SMART Model Ordinance

CC: Stacy Souza Elms, Assistant Planner IIMattias WallanderHenry RogersWeston LaBar

1555 W. Hawthorne Lane, Suite 4W, West Chicago, 1l6Q185www.usagain.com·[email protected] . 800.604.9533

LOS BanosCOMMUNITY AND ECONOMIC DEVELOPMENT

DEPARTMENT

Date: December 26, 2014


Proposal: Proposed Ordinance - Donation/Collection Boxes

NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos CityCouncil to consider adopting an ordinance to regulate unattended donation/collectionboxes in an attempt to reduce or eliminate negative impacts of their use in the City ofLos Banos.

The Los Banos Planning Commission held a public hearing on December 10, 2014 forthe purpose of considering the above mentioned ordinance. At the completion of thepublic hearing, the Planning Commission recommended approval of the proposedordinance for donation/collection boxes to the Los Banos City Council.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of theLos Banos City Council on Wednesday, January 7, 2015 at 7:00 p.m. in the CouncilChambers of Los Banos City Hall located at 520 "J" Street. Questions regarding theabove-referenced item may be directed to Stacy Souza Elms, Assistant Planner II, atCity Hall or at (209) 827-7000, Ext.133.

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


Stacy Souza ElmsAssistant Planner II

TO:

FROM:

DATE:

SUBJECT:


Mayor and City Council Members

Mark Fachin, P.E., Public Works Director/City Engineer rrf~ ~k January 7, 2015

PG&E Streetlight Turnkey Program

TYPE OF REPORT: Non Consent Agenda

Recommendation: That the City Council adopts the Resolution to apply for the Financing Supplement to the On-Bill Financing Program Application, enter into the PG&E Services Agreement, enter into the On-Bill Financing Loan Agreement, and enter into the PG&E Proposal Number 1 in PG&E's Streetlight Turnkey Program and authorizes the City Manager to execute the Application, Agreement, and Proposal Documents.

Background: The City of Los Banos spends approximately $245,000 on electricity for its street lighting system annually. This expense provides lighting to 2,512 streetlights throughout the City. The lighting system includes a variety of light fixtures, but the largest percentage is High Pressure Sodium (HPS), which has been the standard for many years.

Discussion: In recent years, Light Emitting Diode (LED) streetlight technology has entered into the mainstream of use, is readily available, and highly tested. PG&E has established streetlight replacement program for its commercial customers. The program is called "PG&E LED Street Light Turnkey Replacement Service". The program provides a replacement of existing inefficient HPS with new efficient LED streetlights. The cost for parts and installation to the City are paid for by the City from the actual energy savings realized from the replacement on a 0% loan.

An example of the energy savings for a project replacing 696 streetlights:

City's monthly street light energy bill before replacement City's monthly street light energy bill after replacement City's monthly street light energy bill savings

An example of the project costs and loan terms:

Street light replacement parts and labor costs City's monthly street light energy bill savings times 62.5 months Debt to City after 62.5 months from PG&E with a 0% loan

An example of the City's monthly street light energy bill actual savings after the 0% loan has been paid in full (estimated time of 62.5 months)

$ 20,000 $ 16,000 $ 4,000

$250,000 $250,000 $ 0

$ 4,000

Additional savings in the maintenance funds, not included in examples above, occur since LED lights require less routine maintenance.

The process for receiving the Turnkey Replacement Service from PG&E starts with an On-Bill Financing Program Application with Financial Supplement and a Service Agreement. Once the Financial Supplement to the On-Bill Financing Program Application and the Service Agreement has been executed, PG&E submits the On-Bill Financing Loan Agreement for processing. Simultaneously, a field study is initiated by PG&E to verify the inventory of City streetlights and identify the least efficient streetlights for replacement. The City Street Light Inventory tracks 2,512 streetlights.

PG&E owned and maintained - LS1 City owned and maintained - LS2 City owned and maintained - LS2 City owned and maintained - metered Total Street Lights

546 street lights (cobra head) 1,207 street lights (decorative) 576 street lights (downtown/rail trail) 183 street lights

2,512

Once PG&E verifies the City streetlight inventory, PG&E will access the least efficient HPS (cobra head) streetlights within the LS2 rate plan (1,207 cobra head streetlights). The total portion of cobra head streetlights to be replaced from the 1,207 cobra head streetlight inventory will be based on the parts and contractor expenses. The Turnkey Program Government Customer maximum allowable 0% financing is $250,000. Any additional rebates available at the time agreements are executed will be added to the Total Project Price.

An example of project price with a PG&E rebate:

Total Project Price PG&E rebate Turnkey 0% loan

$283,393 $ 33,440 $249,953

(if available at the time of project) (Government Customer max. $250,000)

The final "Proposal" indentifies the exact number of streetlights to be replaced and becomes an attachment to the Service Agreement. PG&E selects a pre-qualified contractor to perform the work replacing old HPS lights with the new LED lights. PG&E pays the contractor for the work, disposes of the old lights/fixtures, and establishes the new rate billing system for the LED lights. The monthly PG&E electric bill amount for streetlights will remain the same. The difference being the City's energy bill will reflect a reduction in energy consumption and a payment to the On-Bill Financing loan. When the 0% interest loan has been repaid, the monthly PG&E electric bill to the City for streetlights will be realized.

Converting the most inefficient streetlights, throughout the City, to LED technology will produce economic, environmental, and social benefits starting the moment each light is replaced. The City is transitioning its streetlight design to LED street lighting for development. A new standard will be drafted for inclusion into the City's Improvement Standards and Specifications. The economic benefit of LED technology will include a reduction in energy use, thus decreasing the expenditure in the City's electric bill.

Fiscal Impact: The PG&E Streetlight Turnkey Program allows for a seamless solution to budgeting when implementing the program. The goal of the program is to use the money saved from reduced energy consumption and operational maintenance costs. These savings, over the five to seven years (up to ten years maximum), pays the debt service for the purchase of the new LED streetlights and the contractor services to install the new streetlights. The repayment of costs to replace the HPS streetlights with LED streetlights is calculated over a five to seven year period. In essence, the PG&E electrical bill for the streetlights remains the same during the repayment period. At the conclusion of the repayment for the replacement project, the City will begin realizing the savings in budget reductions for the electrical bill. Using the current rate schedule, the savings is estimated at $50,000 annually after the On-Bill Financing loan is repaid.

Reviewed by:

~ .. :, Cfty M'~n-a-g-er---Attachments: Resolution Financing Supplement Service Agreement On-Bill Financing Loan Agreement Proposal Number 1

RESOLUTION NO.

A RESOLUTION OF CITY COUNCIL OF THE CITY OF LOS BANOS ENTERING INTO THE AGREEMENTS WITH PG&E STREETLIGHT

TURNKEY PROGRAM AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE

AGREEMENT DOCUMENTS

WHEREAS, the City of Los Banos spends approximately $245,000 annually on electricity for its street lighting system on 2,512 street lights throughout the City; and

WHEREAS, the largest percentage of street lights currently in use are the inefficient High Pressure Sodium lighting; and

WHEREAS, Light Emitting Diode street light technology has entered into the mainstream of use, is readily available, and highly tested; and

WHEREAS, PG&E is offering municipalities a "no interest" loan to replace inefficient street lighting with Light Emitting Diode street lighting through their Turnkey Replacement Program; and

WHEREAS, the energy billing savings realized from replacement installation expenses will be allocated towards the repayment of replacement installation costs over a qualifying time period.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve applying for the Financing Supplement to the On-Bill Financing Program Application, entering into the PG&E Services Agreement, entering into the On-Bill Financing Loan Agreement, and entering into the PG&E Proposal Number 1 in PG&E's Streetlight Turnkey Program and authorizes the City Manager to execute the Application, Agreement, and Proposal Documents.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 7th day of January 2015, 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: Michael Villa Ita, Mayor


The On-Bill Financing Program (the "Program") is funded by California utility customers and administered by Pacific Gas and Electric Company (PG&E) under the auspices olthe California Public Utilities Commission (CPUC). The Program provides qualified PG&E customers with a means to finance energy-<!fficient (EE) retrofit projects implemented under select PG&E EE Programs (the "Qualified Program"). The loans issued under the Program are interest-free, unsecured loans to fully or partially reimburse qualified PG&E customers for the costs they incur in connection with a qualified retrofit projeci (the "Retrofit Project"), which tenm shall mean the energy efficiency retrofit projeci described in Customer's relevant Energy Efficiency Program Application,

Conditions tor Eligibility: Participation in the Program is limited to PG&E customers that meet the following conditions and satisfy these conditions throughout the duration of the Retrofit Projeci up to and including the date of Final Verification (defined below in Section 8): (a) the PG&E customer must be a business ("Commercial Customer") or a federal, state, county or local govemment agency ("Government Customer"): Commercial Customers and Government Customers are collectively refenred to as "Customer;" (b) Customer cunently receives servioe from PG&E at the location of the Retrofrt Projeci (the "Location"); (c) Customer has continually maintained an active PG&E aocount for the previous 24 months and has a minimum of 12 months of historical metered energy usage at Customer's current Location; (d) at the time the Customer's Program Application is Approved and Customer's Loan Agreement is executed, and at the time the loan is to be funded following completion of the Retrofit Projeci and satisfaction of all other requirements of the Loan Agreement, Customer must be in good credit standing, as determined by PG&E through credit review which may include a commercial credit check and will include a bill payment history review, which may be based upon the following and other criteria: a. No 24-hour disconnection notices in the last 12 months; b. No retumed payments within the last 12 months; c. No more than 1 payment arrangement in the last 12 months; d. No payment arrangements not satisfied by customer within

the last 12 months; c. No security deposit assessed within the last 12 months; and f The Retrofit Project qualifies and Customer is eligible for

an incentive under the Qualified Program,

Interest

Minimum Loan Amount

Maximum Loan Amount

0%, with no additional fees or charges

$5,000

Commercial Customer: $100,000/ premises

Government Customer: $250,000/ meter

Maximum Loan Tenn, not Commercial Customer: 60 months to exceed the Expected Government Customer: 120 months Useful Life (EUL) of the measures

Loan Features: The loans offered under the Program are interestfree (0%) and free of any fees, late payment penaltles or other charges. The loan temns and oonditions are calculated by dividing the loan amount (eligible project oost less Qualified Program Incenlives) by the estimated monthly energy savings resulting from the Retrofit Projeci. The ensuing number of monthly payments must not exceed the Maximum Loan Tenm set forih in chart below ("Loan Amount and Tenm Limitations").

Eligibility: Prior to purchasing and installing anyenergy-<!fficient measures or equipment under the Qualified Program, Customer must satiSfy the eligibility requirements of both the Program and Qualified Program. Because energy efficiency projects in progress are ineligible under the Program, Customer must receive the signed loan agreement from PG&E before commencing any work or purchasing any equipment for the Retrofit Project.

Inspection: PG&E may assist Customers in understanding the energy efficiency measures available under the Qualified Program and will ansvver their questions concerning this Program. After Customer has decided upon the measures that comprise the Retrofit Project, PG&E may request an engineering review, perfonm an inspeciion of the Location, calculate the projecied energy savings, calculate the Loan Tenms and prepare the Loan Documents. Thereafter, PG&E will provide Customer with a copy of the: Loan Agreement, the Application, the applicable On-Bill Financing (OBF) Gas and/or Electric Rate Schedule and Loan Calculation Summary Sheet (collectively, the "Loan Documents").

Loan Documents: ff the terms of the loan are acceptable, Customer shall execute the Loan Documents and retum them to PG&E prior to the commencement of the Retrofrt Projeci. Incomplete or incorrect applications cannot be processed and may resuH in the delay of PG&E's approval and possible disqualification from the Program. Customer may withdraw its Application for any reason without penalty by sending written notice to PG&E.

Customer"s Responsibilities for Contractor and Vendor: Upon PG&E's notification to Customer that the Retrofit Projeci is eligible for the Program, Customer may begin the Retrofit Project. PG&E does not endorse or recommend any particular rontractor or vendor nor does PG&E review any contractor or vendor proposals. Rather, Customer shall be solely responsible for reviewing the feasibility of the contractor's and vendor'S proposal(s) and verifying their respective qualifications, pricing, energy savings, warranties and the terms and conditions of the contractor's and/or vendor's contract with Custome,

"'Residential customers are ineligible. Page 10f2

PG&E Disclaimers: CUSTOMER'S DESIGN OF THE RETROFIT PROJECT AND SELECTION AND USE OF ENERGY EFFICIENCY EQUIPMENT, MEASURES AND SELECTION OF CONTRACTORS AND VENDORS IS AT CUSTOMER'S SOLE DISCRETION AND AT CUSTOMER'S SOLE RISK. TO THE EXTENT PERMITIED BY APPLICABLE LAW, PG&E EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY LIABILITY IN RESPECT OF ANY ADVICE, INFORMATION OR OTHER INSTRUCTION PROVIDED BY OR ON BEHALF OF PG&E TO CUSTOMER IN CONNECTION WITH THE QUALIFIED PROGRAM, PROGRAM OR RETROFIT PROJECT. PG&E DOES NOT WARRANT OR BEAR ANY RESPONSIBILITY FOR ANY OF THE FOLLOWING: a THE WORK PERFORMED BY CUSTOMER'S CONTRACTOR(S) OR VENDOR(S), THAT THE RETROFIT PROJECT IS APPROPRIATE FOR THE LOCATION; b. THE RETROFIT WILL RESULT IN OR YIELD ANY ENERGY EFFICIENCY SAVINGS ORA SPECIFIC AMOUNT OF ENERGY EFFICIENCY SAVINGS OR OTHER REDUCTION IN CUSTOMER'S PG&E UTILITY BILL AFTER COMPLETION OF THE RETROFIT PROJECT; c. THE CUSTOMER IS REPONSIBLE FOR REPAYING THE OBF LOAN IN ITS ENTIRETY, REGARDLESS OF THE PROJECT PERFOMANCE OF THE ENERGY EFFICIENCY RETROFIT; d. THE CONTRACTOR'S OR VENDOR'S SERVICES WILL BE TIMELY, COMPLETE OR ERROR-FREE, OR THAT DEFECTS IN THE RETROFIT PROJECT WILL BE CORRECTED BY SUCH INDIVIDUALS; e. ANY ERRORS, OMISSIONS, DEFECTS OR DELAYS IN THE DESIGN OR CONSTRUCTION OF THE RETROFIT PROJECT OR THE OPERATION OF ANY ENERGY EFFICIENCY MEASURES INSTALLED ATTHE LOCATION. Velification: Upon completion olthe Retrofit Project, Customer shall request PG&E's post-completion inspection and final verification that the Retrofit Project has been completed in conformity with the requirements of the Qualified Program and that customer remains eligible (the "Final Verification"). a. ~ there has been any change to the Retrofit Project's scope, cost and/or incentives available under the Qualified Program or energy savings, Customer will be required to enter into a Loan Modffication

Agreement with PG&E, which may include new oontract tenns reflecting the changes in the Retrofit Project. (~a Loan Modification Agreement is required, it shall be deemed part of the "Loan Documents:)

b. If the changes to the Retrofit Project are such that it no longer meets the Program's payback criteria or other conditions, the Retrofit Project will be considered ineligible, the Loan Agreement will be terminated and no loan proceeds will be disbursed.

c. IF PG&E DET.ERMlNES, IN ITS ABSOLUT.E DISCRETION, THAT CUSTOMER'S CREDIT HAS DET.ERIORATED OR HAS OTHERWISE PLACED CUSTOMER'S REPAYMENT OF THE LOAN AT RISK, THE LOAN PROCEEDS SHALL NOT BE ISSUED, EVEN TIlOUGH THE RETROFIT PROJECT MAY HAVE BEEN SATISFACTORILY COMPLET.ED AT CUSlOMER'S EXPENSE.

Disbursements: Subject to and following PG&E's satisfectOlY Final Verification, an incentive check and the loan proceeds will be issued to Customer or, at Customer's written direction, to Customer's contractor or vendor:

General Provisions: a. Applications for loans under the Program will be aocepted from qualified Customers on afirst-oome, first-served basis until the funds allocated by PG&E for the Program are no longer available. The Program may be modified or terminated by the CPUC or PG&E at any time and without prior notice. However, termination of the Program following execution of a Loan Agreement by Customer will not affect that Loan Agreement, or, W Customer thereafter satisfies all Program conditions, the disbursement. b. The loan proceeds may only be used to payor reimburse Customer for implementing or installing energy-efficient measures or equipment through the Qualified Program. c. If there is any conflict between the terms of any document relating to the Program, the Loan Documents shall control. d. For all retrofit projects, including but not limited to streetlight. HVAC and lighting retrofIts, Customer acknowledges and understands that Customer is able to use the installation vendor or contractor of their choice.

I have read, understand and agree to all of the On-Bill Financing Program requirements and terms and conditions set forth in this Program description. I understand that loan calculations will be based on pre-inspection results and on the applicable program documentation, and that my agency/company must meet all eligibility criteria and reqUirements in order to partiCipate in the Program. Any unapproved changes to project scope, costs or run hours, or to myagency's/company's creditworthiness, between the time the Loan Documents are aocepted and signed and the Retrofit Project is completed and the project's and my agency's/company's continued eligibility are verified, could result in loan ineligibility.

Legal Name of Business (i.e., the fonnal name on your tax return) Authorized Representative's Printed Name

Authorized Representative'S Signature Title

Tax identification infonnation (select one):

o federal Tax 10 Number:

o Social Security Number: ___________ _

FOR PG&E USE ONLY:

PG&E OBF Admmistrator Printed Name Date

RetrofitProgram Application Number OBF Application Number

"PG&E" refers to Pacific Ga; and Electric Company, a subSld,af) ofPG&E Corporation ©2011 Pacific Gas and Electric Company. AHrights resen ed These offerings are funded by California utility customers and administered by PG&F Wlder the auspices of the California Public Utilities Commission

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Pacific Gas and Electric Company

SERVICES AGREEMENT

Agreement No: SST-LED-003

This Services Agreement is made and entered into as of ("Effective Date") by and between City of Los Banos, with offices at 520 J Street, Los Banos, CA 93635 ("Customer") and Pacific Gas and Electric Company, a California corporation, with offices at 77 Beale Street, San Francisco, California 94105 ("PG&E"). Customer and PG&E shall each individually be referred to as a "Party" and together constitute the "Parties."

RECITALS

WHEREAS, Customer desires assistance in implementing energy conservation and management services and other energy-related projects and services at one or more of its facilities located in PG&E's service territory;

WHEREAS, PG&E desires to assist Customer implement the energy conservation measures as more fully set forth herein; and

NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements set out in this Agreement, Customer and PG&E agree as follows:

1. DEFINITIONS. In addition to those definitions set forth elsewhere in this Agreement, the following capitalized tenns shall have the meanings set forth below:

1.1 "Agreement" shall mean this Agreement, and all such Agreement's Exhibits, Work Orders and Change Orders, all of which are incorporated herein; as such Agreement, Exhibits, Work Orders or Change Orders may be amended, changed or modified from time to time.

1.2 "Change" shall mean: (a) any material addition to, deletion from, suspension of or other modification that materially affects the design, configuration, quality, or function of the Project or the Services; (b) a change or modification to or repeal of an applicable law after the Effective Date, (c) delay or other demonstrable material adverse impact to the Work Order resulting from a Force Majeure Event, or (d) any applicable perfonnance or compliance requirement which Customer may newly articulate or revise during the Tenn.

1.3 "Change Order" shall mean a written document signed by the Parties that describes a Change to the Scope of Work or Work Order, and authorizes and directs PG&E to perf ann such Change. The Change Order may also authorize the additional compensation, if any, to be paid PG&E to perfonn such Change.

1.4 "Energy Conservation Measures" or "ECM" means an energy conservation measure which may include a feasibility study, engineering and design (e.g., IGA), operation and maintenance.

1.5 "Investment Grade Audit" or "IGA" shall mean the detailed analysis of all or a portion of a Facility to detennine the technical and fmancial feasibility of implementing, operating and maintaining one or more ECMs at such Facility.

1.6 "Equipment" shall mean all of the equipment, machinery, technology and other items described in the applicable Work Order.

1.7 "Facility(ies)" shall mean the above-ground buildings and related premises owned or leased by Customer as set forth in the applicable Work Order.

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1.8 "Force Majeure Event" shall mean any cause, act, event, condition or other occurrence materially impacting the Services or the Project Schedule not caused by the Party asserting the Force Majeure Event and that is beyond the control of such Party to avoid, overcome or remedy through the exercise of due diligence and reasonable efforts. Without limiting the foregoing, the following are examples of Force Majeure Events: acts of God and the public enemy; the relocation, repair, shut down, or construction of PG&E transmission or distribution facilities; flood, earthquake, tornado, storm, fire, power failures, epidemics, civil disobedience, labor disputes, shortage of components and supplies.

1.9 "Hazardous Materials." Any hazardous, toxic or dangerous wastes, substances, chemicals, constituents, contaminants, pollutants, and materials, including without limitation, asbestos-containing equipment or materials, lead-based paint, ozone depleting refrigerants, fluorescent tubes, fluorescent magnetic core and coil ballasts, carcinogenic, corrosive, ignitable, radioactive, and reactive or otherwise hazardous substances or mixtures (whether solids, liquids, or gases) now or at any time subject to regulation, control, removal, remediation or otherwise addressed under applicable law or under PG&E's CPUC-approved rules.

1.10 "Material Changed Condition" shall mean the unforeseeable or unanticipated discovery of the presence of Hazardous Materials or other unanticipated or unforeseeable condition or circumstance, at or near a Facility or Project site that has occurred or has been discovered after the Services has commenced that materially impacts the Schedule, the Services or PG&E's costs to perform the Services, was not caused by PG&E and that PG&E could not have discovered through the exercise of reasonable due diligence. Only by way of example, a Material Changed Condition includes but is not limited to (i) Hazardous Materials or other differing and unexpected site conditions, surface or subsurface conditions, (ii) adverse weather conditions unusual to the area where the Services is to be performed and that could not have been anticipated and that materially impacts the Services or Project Schedule; or (iii) unforeseeable material delays in Equipment, material deliveries or the availability of labor that materially impacts the Services or Project Schedule.

1.11 "Project" shall mean energy efficiency, energy conservation, energy management, energy production or other energy-related measures or projects; or any other energy-related matter, measure or project that is, or will become, the subject of a Work Order.

1.12 "Project Schedule" shall mean the estimated commencement date, sequence, duration, and, if appropriate, milestones, for Substantial Completion of the Project as set forth in the Work Order.

1.13 "Services" mean, collectively all activities to be performed by PG&E pursuant to this Agreement to complete a Project, including, without limitation, preliminary and/or IGA, design, Equipment or materials procurement, construction, installation, testing, completion, maintenance and operation of a Project. Services shall also include all labor, work, Equipment fabrication, assembly, modification, repair and replacement, and other activities as the Parties may agree upon and are set forth in a Work Order.

1.14 "Scope of Work" shall mean all of the Services to be performed by PG&E and/or its Subcontractors pursuant to the tenns and conditions of a Work Order, and any Change Orders to a Work Order, as well as all other efforts of PG&E and other entities with respect to such Work Order, for the implementation of an ECM alone or as part of a Project pursuant to the terms and conditions of this Agreement and as specifically described in each Work Order and applicable Change Orders.

1.15 "Subcontractor" shall mean any corporation, limited liability company, partnership, association, or individual hired by PG&E to perform Services.

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.. Pacific Gas and ~~ Electric Company


1.16 "Substantial Completion" shall mean the Project is generally capable of being used for or of achieving the purpose intended by the Work Order.

1.17 "Work Order" means the document executed by both Parties to complete the Services identified in such Work Order. Each Work Order shall be subject to the terms and conditions of this Agreement and the terms and conditions set forth in such Work Order. If there is a conflict between the Work Order or Change Orders and the terms and conditions of this Agreement, such Work Order/Change Order shall take precedence and shall establish the Scope of Work of each Project.

2. SCOPE. This Agreement sets forth the terms and conditions under which PG&E may assist Customer implement ECMs at one or more of Customer's Facilities through Work Orders. This Agreement sets forth the terms and conditions under which Work Orders may be entered into by the Parties. All Work Orders shall be subject to and governed by this Agreement.

3. RELATIONSHIP OF THE PARTIES.

3.1 Independent Contractors. The Parties are independent contractors. Nothing herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the Parties and neither Party may create any obligations or responsibilities on behalf of the other Party.

3.2 Subcontractors. PG&E may subcontract its obligations hereunder to other persons or entities in order to perform the Services hereunder. PG&E agrees to impose on its Subcontractors obligations consistent with those set forth in this Agreement with respect to safety, security, confidentiality, insurance and indemnification. The fees and costs billed to Customer shall be inclusive of any and all fees and compensation due to any Subcontractors.

3.2.1 Subcontractor Selection. PG&E may perform some or all of the Services under a Work Order itself or through Subcontractors. Subcontractor selection shall be based on cost, experience, past performance, reliability and such other factors as practicably related to the Customer's needs.

3.3 Project Management.

3.3.1 Authorized Persons. Customer and PG&E will each designate an employee who is sufficiently experienced to provide the infonnation and support necessary to the other party for the performance of this Agreement (the "Authorized Person"). The Authorized Person for each party shall be the primary point of contact for inquiries and requests. Each such Authorized Person shall provide the other with such information and assistance as may be reasonably requested by the other from time to time for the purpose of the performance of this Agreement.

3.3.2 Approvals. The Authorized Person for each party will have the authority to issue, execute, receive, grant and provide any and all approvals, requests, notices and other communications permitted, required or requested by the other party; provided, however, that neither Customer nor PG&E shall rely for any purpose on any oral communication not con finned in writing by an Authorized Person within twenty-four (24) hours, and provided however, that neither Customer nor PG&E shall rely for any purpose on any oral communication which would have the effect of amending this Agreement.

4. SERVICES.

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4.1 General. Customer may request that PG&E assist Customer in the implementation of one or more of the ECMs at set forth in Exhibit A, which is attached hereto and incorporated by reference herein.

4.l.l Preliminary Audit. At Customer's written request, PG&E or its Subcontractor will couduct, at no cost to Customer, a preliminary audit consisting of an on-site building investigation and evaluation for a mutually agreeable Facility to determine if any significant energy conservation opportunities exist and whether a further IGA is needed.

4.1.2 Investment Grade Audit. After reviewing the Preliminary Audit, the Parties may enter into a Work Order setting forth a Scope of Work for an "IGA to determine whether the ECMs proposed in the Preliminary Audit are feasible. The Work Order for the IGA shall specify the terms for completing the IGA and establish a price for the IGA. Customer shall pay for the IGA in accordance with the payment terms of this Agreement and the applicable Work Order. Unless otherwise agreed upon in the Work Order for the IGA, Customer shall provide PG&E, at Customer's sole cost and expense, legible and complete copies of all floor plans, drawings and any other docnments deemed necessary by PG&E in order to provide the IGA.

4.1.3 Design and Implementation Phase. Upon completion of the !GA, PG&E will provide an ECM implementation proposal, which would include additional design, engineering and construction services (the "Proposal"). Customer shall evaluate the Proposal for technical and price reasonableness. If Customer elects to proceed with the ECM, the Parties will agree upon a Scope of Work with specifications, time of performance, ECM cost, source and cost of capital or financing, payment terms, amortization schedule and termination schedule which shall be set forth in a Work Order. If required, PG&E will provide acceptable payment and performance bonds.

4.1.4 Assumptions. Customer understands that performance of the Services is dependent upon Customer's cooperation. Therefore, Customer agrees to use its best efforts to cooperate with PG&E in the performance of the Services and shall provide PG&E with timely access to, during normal business hours, and use of Customer's personnel, facilities, data, Equipment, materials and information to the extent necessary for PG&E to perform the Services. Customer acknowledges and agrees that Work Orders may set forth additional details regarding PG&E's access to and use of the foregoing as well as Customer's computer systems and networks.

4.2 Changes and Change Orders. If a Change has occurred the Parties shall, if reasonably possible, agree on a Change Order. If the Parties are unable to agree on a Change Order, PG&E shall suspend its performance of the Services including the Change, until such time as the Parties' disagreement has been resolved pursuant to Section 11 (Dispute Resolution).

4.2.1 Material Changed Condition. PG&E will give written notice to Customer of the discovery of Hazardous Materials on or near a Facility, or other condition or circumstance PG&E or its Subcontractor believes to be a Material Changed Condition. Neither PG&E nor its Subcontractor will remove, remediate, repair or otherwise disturb any site, soil, subsurface conditions, Hazardous Materials or other adverse impacts on the Services or the Facility until Customer has had a reasonable opportunity to investigate to determine whether a Material Changed Condition has occurred. If Customer reasonably determines a Material Changed Condition has occurred, the Parties will, if reasonably possible, agree on a Change Order with respect to such Material Changed Condition. If the Parties fail to agree on a Change Order relating to a Material Changed Condition, PG&E shall suspend Services until such time as the Parties have resolved the disagreement pursuant to Section 11 (Dispute Resolution).

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(a) Handling and Disposal of Hazardous Materials. Customer acknowledges and agrees that PG&E has no obligation to investigate or inspect the Facility for the presence of Hazardous Materials, or to identify, remove, dispose of, abate, or remediate Hazardous Materials. Customer shall have sole responsibility for the identification, removal, disposal, abatement or remediation of Hazardous Materials, and for the clean-up, transport and disposal of any fixtures, materials, Equipment, or substances containing, exposed to or contaminated by Hazardous Materials, all in accordance with applicable laws.

4.2.2 Unanticipated Conditions. If any unusual or unanticipated conditions exist or arise at the Site (such as Hazardous Materials, enviromnental conditions or pollution), which conditions would involve the incurrence by PG&E of any expenses to correct such conditions, PG&E shall submit a written request to Customer for Customer's prior written approval of the corrective work and payment of the related expenses. The additional Services resulting therefrom will be set forth in a Change Order signed by both Parties.

4.2.3 Safety Waiver and Repair Services. If in the process of performing the Services, a condition is discovered at the Facility that, in the sole judgment of PG&E, (a) represents an extreme safety hazard to its worker's safety or other personnel, (b) may cause operational failure of the Equipment comprising the Facility, or (c) may cause damage to other Equipment being served by the Facility, PG&E will immediately notify Customer in writing of such condition and the Services necessary to remedy the condition. Customer will be asked to sign this written notification in the form of Exhibit B (Safety Waiver). Failure or refusal to sign the Safety Waiver will relieve PG&E and its Subcontractors of any responsibility to perfonn the Services.

4.2.4 Customer Delay. If the performance of particular Services by PG&E depends upon approvals or other decisions by Customer, or Customer furnishing particular data, drawings, documents or other information, and Customer does not timely perform or provide the same, the minimum time estimate for PG&E's completion of the particular Services which are dependent thereon shall be extended by the period of Customer's delay with respect thereto.

4.2.5 Change Costs. Customer shall reimburse PG&E for those reasonable costs incurred by PG&E or its Subcontractor(s) to implement a Change in accordance with the Change Order. These costs include, but are not necessarily limited to, increased costs for design and other professional services, expenses and taxes, if any.

4.2.6 With respect to any Change Order made in accordance with this Section 4, Customer acknowledges that PG&E and its Subcontractors shall not be obligated to commence and/or perform any Services pursuant to a Change Order unless and until PG&E has received the signed Change Order and Customer has issued PG&E a Work Order for such Change Order.

4.3 PG&E's Utility Obligations. Customer acknowledges that PG&E has an obligation to maintain, repair and service its own facilities, including those under the operation and control of the California Independent System Operator, in order to perform its duties as a public utility, which obligation takes precedence over any obligations undertaken in this Agreement. Accordingly, if PG&E determines at any time, in its sole discretion, that it requires any personnel or resources previously committed to the performance of Services under a Work Order in order to maintain adequate service to PG&E's other customers or to fulfill its duties as a public utility, then PG&E shall have the right to divert the use of such personnel or resources to satisfy such requirements. If as a result of such action, PG&E is unable to perform its obligations under this Agreement and is unable to procure a third party to perform the Services (or a portion thereof), then PG&E shall be excused from the performance of the Services

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.. Pacific Gas and ~&~ Electric Company


affected by such action to the extent so affected. In that event, PG&E shall have no liability to Customer, and shall not be considered in default under this Agreement, for such failure to perform.

5. FACILITY SAFETY AND HAZARDOVS MATERIALS

5.1 Facility Safety. Customer shall be responsible for ensuring that the Facilities are safe for PG&E personnel and Subcontractors performing Services at Customer's facilities. Customer shall also cooperate with PG&E personnel working on-site and shall promptly take such actions that may be requested by PG&E personnel to help ensure a safe working environment.

5.2 Hazardous Materials. Prior to performing any Services at a Facility, Customer will inform PG&E and Subcontractors of the presence of any Hazardous Materials of which Customer is aware exist inside the Facility (e.g., asbestos). If PG&E or its Subcontractor discovers any Hazardous Materials at or around the Facility after commencement of the Services, the procedures specified below in Section 5.3 shall apply. Neither PG&E nor its Subcontractors shall handle, remove, dispose of or remediate any Hazardous Materials absent Customer's prior written instructions and the execution of a Change Order.

5.3 If, during performance of the Services, PG&E or a Subcontractor reasonably believes that it has encountered or detected the presence of Hazardous Materials, PG&E will promptly stop perfonning the Services and notify Customer of such Hazardous Materials or conditions. Customer will promptly investigate for the presence of Hazardous Materials and inform PG&E of the results of this evaluation. PG&E will not resume the performance of the Services until the Hazardous Materials have been removed, disposed of, abated or remediated to PG&E's reasonable satisfaction. Any delay or increase in the Services or costs as a result of the testing, presence, removal, disposal, abatement or remediation of Hazardous Materials shall be grounds for a Change Order.

6. COMPENSATION.

6.1 Payment Terms. Customer shall pay PG&E for the Services performed in accordance with payment terms set forth in the applicable Work Order. Unless otherwise set forth in the Work Order, each payment made by Customer must reference this Agreement, the Work Order and invoice number and be mailed to PG&E to the attention of Accounts Payable.

6.2 Late Payments. All late payments shall be subject to an interest charge, which is the greater of: (i) one and one half percent (1.5%) per month, or (ii) the maximum legal rate. In the event that any unpaid amounts are referred to collection, including but not limited to any applicable late fees, Customer shall reimburse PG&E for all costs and expenses of collection, including all reasonable attorneys' fees and costs related thereto.

6.3 Expenses. Customer agrees to reimburse PG&E for all expenses incurred in connection with PG&E's performance of the Services, including but not limited to all travel and lodging expenses. Expenses shall be invoiced at their actual cost and will be reflected on PG&E's invoices and shall be paid in accordance with the payment tenns set forth in the applicable Work Order.

6.4 Taxes. Customer shall be solely responsible for the payment of any and all sales, use, transfer, and other taxes and duties, whether state, federal, national or international, however designated, which are levied or imposed on PG&E because of the Services performed under this Agreement (other than taxes based on PG&E's net income) ("Taxes"). If PG&E has the legal obligation to payor collect Taxes for which Customer is responsible under this Section 6.4, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides PG&E with a valid tax exemption certificate

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authorized by the appropriate taxing authority verifying that Customer is not required to pay those Taxes and is legally exempt.

7. WARRANTIES AND WARRANTY DISCLAIMERS

7.1 Customer Warranties. Customer represents and warrants to PG&E that: (a) it has the full corporate right, power, and authority to enter into the Agreement and to perform its obligations hereunder; (b) the terms of the Agreement and the performance by such Party of its duties and obligations hereunder, do not violate and will not cause a breach of the terms of any other agreement or any applicable law to which such Party is a party or by which it is subject or bound; (c) when executed and delivered by such Party, the Agreement will constitute the legal, valid and binding obligation of such Party, enforceable against such Party in accordance with its terms; and (d) it is either the owner or lessee of the Facility and has all necessary rights to allow PG&E and Subcontractors access to such Facility so that they may perform the Services.

7.2 PG&E Limited Warranties.

7.2.1 PG&E warrants that the Services will be performed in a commercially reasonable manner consistent with the level of care and skill exercised by others when performing Services of a similar nature under similar circumstances. Unless otherwise agreed to by PG&E in writing, the warranty period for Services furnished hereunder shall be for a period of twelve (12) months from the date of Substantial Completion ("Service Warranty Period").

7.2.2 Remedies. Customer must notifY PG&E of any non-conformity or defect in the Services within the Service Warranty Period. If Customer notifies PG&E within the Services Warranty Period, and PG&E confirms the Services were not performed in accordance with Section 7.2.1, then PG&E, in its sole discretion, will either re-perform the non-conforming Services within a commercially reasonable period of time at PG&E's cost and expense or (b) refimd the applicable fees paid to PG&E by Customer for the non-conforming Services. THIS SECTION 7.2.2 STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND PG&E'S SOLE LIABILITY FOR A BREACH OF THE SERVICE WARRANTIES SET FORTH ABOVE IN SECTION 7.2.1. THE SERVICE WARRANTIES EXTEND TO CUSTOMER ONLY AND CANNOT BE ASSIGNED BY CUSTOMER.

7.3 Third Party Warranties. PG&E shall use commercially reasonable efforts to obtain from all manufacturers, Customers and distributors standard guarantees and warranties ("Third Party Warranties") on the Equipment used in the Services or in an ECM, and any warranty for the Equipment shall be limited to the Third Party Warranties provided by manufacturers, Customers, and distributors. All such Third Party Warranties, including without limitation those for defects, whether latent or patent, in Equipment shall terminate upon the conclusion of each such applicable Third Party Warranty period. Neither PG&E nor its Subcontractors shall have any liability for breach of a Third Party Warranty, whether express or implied, or for any latent or patent defect of any kind. PG&E shall assign all Third Party Warranties directly to Customer.

7.3.1 The Third Party Warranty expressly excludes any remedy or liability for damage or defect caused by the improper use, or improper or inadequate operations or maintenance of Equipment or for the Services by users other than the Customer; corrosion, erosion, deterioration, abuse, modifications or repairs not performed by an authorized subcontractor; or for wear and tear under normal usage. At Customer's option, Customer may contact the Equipment manufacturer, Customer or distributor directly to resolve any Third Party Warranty issues and Customer acknowledges that Customer and Equipment manufacturer, Customer or distributor shall have sole responsibility for such issues.

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7.4 No Guarantee of Energy Savings. PG&E DOES NOT WARRANT OR GUARANTEE ANY LEVEL OF ENERGY, WATER SAVINGS, COST REDUCTIONS OR EQUIPMENT OR ECM PERFORMANCE.

7.5 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 8, CUSTOMER EXPRESSLY AGREES THAT PG&E MAKES NO OTHER WARRANTIES AND ASSUMES NO OTHER LIABILITIES, WHETHER IN CONTRACT OR IN TORT, IN CONNECTION WITH THE AUDIT, DESIGN, ENGINEERING, EQUIPMENT PROCUREMENT, CONSTRUCTION, IMPLEMENTATION, OPERATIONS, MAINTENANCE, SERVICES, EQUIPMENT OR ECMS HEREUNDER WHETHER EXPRESS OR IMPLIED, IN LAW, IN EQUITY OR IN COMMUNICATIONS BETWEEN PG&E AND CUSTOMER. PG&E SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL HAVE NO REMEDIES AGAINST PG&E FOR ANY DEFECTIVE SERVICES, INSTALLED EQUIPMENT, OR OPERATION OF AN ECM EXCEPT IN ACCORDANCE WITH THE WARRANTY SET FORTH IN THIS SECTION 7 OR AS THE PARTIES MAY EXPRESSLY AGREE IN ANY WORK ORDER OR AMENDMENT TO THIS AGREEMENT.

8. LIMIT A nON OF LIABILITY

8.1 IF PG&E IS HELD TO BE LIABLE TO CUSTOMER OR TO ANY PARTY CLAIMING BY OR THROUGH CUSTOMER BY REASON OF PG&E'S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT, PG&E'S TOTAL AGGREGATE LIABILITY WITH RESPECT TO DAMAGES AND LOSSES RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF: (A) THE PRICE FOR THE SERVICES UNDER THE WORK ORDER GIVING RISE TO THE CLAIM; OR (B) THE TOTAL AMOUNT PAID BY CUSTOMER TO PG&E FOR THE SERVICES UNDER THE WORK ORDER GIVING RISE TO THE CLAIM.

8.2 IN NO EVENT SHALL PG&E BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, COST OF DELAYS, REPLACEMENT OF POWER, OR LOSS OF PROFITS, EVEN IF PG&E IS ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 THE ABOVE LIMITS OF LIABILITY ARE EXCLUSIVE AS TO ALL REMEDIES AND THE LIABILITY CAP SHALL NOT BE COMBINED WITH ANY OTHER LIMITS OF LIABILITY SO AS TO INCREASE THE CAP VALUE IN ANY PARTICULAR INSTANCE OR SERIES OF INSTANCES. THE PARTIES AGREE THE ABOVE SECTIONS 7 - 9 REPRESENT THE BASIS OF THE BARGAIN AND A FAIR ALLOCATION OF RISK BETWEEN THE PARTIES.

8.4 Basis of the Bargain. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING SECTIONS ON WARRANTIES, WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY IN THE AGREEMENT FAIRLY ALLOCATE THE RISKS BETWEEN THE PARTIES AND ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES SUCH THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT SUCH SECTIONS.

9. INDEMNIFICA nON. Customer covenants and agrees that Customer will indemnify, defend and hold harmless PG&E, its affiliates, and PG&E's and its affiliates' respective directors, officers, employees, agents, successors and assigos (collectively, the "PG&E Indemnitees") from and against any and all claims, damages, costs, expenses, (including attorneys' fees and court costs) and liabilities (including settlements) brought or asserted by any third party against the PG&E Indemnitees resulting from, arising

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out of or related to any claim: (i) for personal injury, including death, or property damage, including theft, caused to any of the PG&E Indemnitees, Subcontractors or a third party by Customer's action or inaction, whether negligence or intentional misconduct; and (ii) resulting from Customer's breach of any representations, warranties or covenants contained above in Sections 7.1 or 7.2; and (iii) any data, Equipment, information, software or other property provided to PG&E hereunder or any elements embodied therein, or that any of the PG&E Indemnitees' use of any of the foregoing infringe or misappropriate the intellectual property rights of any third party (each of the foregoing (i) through (iii) are referred to as a "Claim"). PG&E shall promptly notifY Customer of any Claim and shall (at Customer's sole expense) reasonably cooperate with Customer to facilitate the settlement or defense of such Claim. Customer shall, at its own expense, indemnifY, defend and hold harmless the PG&E Indemnitees from and against all costs of defending the Claim, including attorneys' fees and court costs (including those incurred by the PG&E Indemnitees in enforcing this provision). Customer shall keep PG&E Indemnitees informed of, and consult with PG&E Indemnitees in connection with the selection of counsel to defend the Claim and the progress of such litigation or settlement. Customer shall not have any right to settle any such Claim without the specific prior written approval from a designated legal representative of the PG&E Indemnitees.

10. TERM, SUSPENSION AND TEIUdINATlON

10.1 Term. This Agreement shall commence on the Effective Date and shall terminate upon later of: (a) three (3) years from the Effective Date, or (b) the Final Completion of all then-outstanding Work Orders, unless otherwise terminated earlier pursuant to this Section 10 (the "Initial Term"). This Agreement may be renewed, upon thirty (30) days prior written notice, for two (2) additional one (I) year periods upon the mutual written agreement of the Parties (each a "Renewal Term"). The Initial Term and all Renewal Terms shall be collectively referred to as the "Term".

10.2 Termination for Cause. If either Party materially defaults in the performance of any of its duties and obligation hereunder, or such material default is not cured within thirty (30) days after written notice thereof, this Agreement may be terminated by the non-defaulting party for cause as of the date specified in the notice. In addition, a Party may be entitled to terminate the Agreement immediately if a Party files a petition in bankruptcy, makes an assigmnent for the benefit of its creditors, becomes insolvent, fails to do business in the ordinary course, shall have or suffer the appointment of a receiver or trustee for its business or property, or be adjudicated bankrupt or insolvent, or bankruptcy proceedings are commenced by or against such Party.

10.3 PG&E's Additional Termination Rights.

10.3.1 Change in Law. In the event legislation or governmental regnlations would prohibit PG&E from providing the Services under this Agreement (in whole or in part), PG&E may terminate the Agreement or any Work Order (without any liability or penalty) upon thirty (30) days' notice. Upon the effective date of PG&E's termination notice under this Section, Customer will pay PG&E for all of the Services provided to Customer as of the effective date of the termination notice.

10.3.2 Program Change. PG&E may terminate this Agreement immediately and without prior notice in the event the California Public Utilities Commission ("CPUC") issues a ruling or order prohibiting or otherwise preventing PG&E from fulfilling, or substantially interfering with PG&E's ability to fulfill, its obligations under this Agreement, or finding that this Agreement is contrary to the policies of the CPUC. .

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10.4 Suspension of Service. PG&E reserves the right (in addition to any and all other rights and remedies PG&E may have) to suspend the performance of the Services, including those performed by Subcontractors, without any penalty or liability to Customer, if any invoice remains unpaid (in whole or in part) after the date payment is due until such invoice (including late penalties) is paid in full.

10.5 Effect of Termination. Upon any expiration or termination of this Agreement, PG&E's obligations to Customer shall be to continue to perform the Services until the effective date of such termination (except as otherwise instructed in writing by PG&E), to wind down and terminate the Services in an efficient, workmanlike and cost-effective manner, and to cooperate with PG&E in the transition to third parties or employees designated by PG&E.

10.5.1 Effect of Customer's Termination.

(a) If Customer terminates a Work Order for cause pursuant to Section 10.2 and prior to Substantial Completion, Customer may do so by giving written notice to PG&E at least thirty (30) days prior to the effective date of such termination. In that event, Customer shall pay PG&E the amount set forth in the termination schedule set forth in the applicable Work Order.

(b) If Customer terminates a Work Order for cause pursuant to Section 10.2 and after Substantial Completion, Customer may do so by giving written notice to PG&E at least thirty (30) days prior to the effective date of such termination. In that event, Customer shall pay PG&E the amount set forth in the termination schedule set forth in the applicable Work Order.

10.6 Survival. The following Sections of this Agreement shall survive expiration, cancellation or other termination of this Agreement: I, 6, 7through 9, 10.5, 10.6 and I I through 13. Any other provisions of this Agreement that would generally be construed as intended to survive the expiration, cancellation or other termination of this Agreement shall also survive such expiration, cancellation or other termination.

11. DISPUTE RESOLUTION. If any dispute, excluding payment defaults or delinquencies, arises under the Agreement that is not settled promptly in the ordinary course of business, the Parties shall first seek to resolve any such dispute between them by negotiating promptly in good faith in face-to-face negotiations. These face-to-face negotiations shall be conducted by the respective designated senior managers of each Party responsible for their relationship, and shall be escalated internally by each Party as reasonably necessary to seek resolution of the dispute. If the Parties are unable to resolve the dispute between them through these face-to-face negotiations within thirty (30) business days following their commencement (or within such other period as the parties may otherwise mutually agree upon), then the parties shall escalate the dispute to their most senior executives within their organization. If the Parties' most senior executives are unable to resolve the dispute within thirty (30) business days or such other period as they may mutually agreed, then either Party may pursue available legal and equitable remedies.

12. GOVERNING LAW AND VENUE. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules that may direct the application of the laws of another jurisdiction. Any controversy or claim arising out of or in any way relating to this Agreement shall be litigated in a California Superior Court of competent jurisdiction; or if jurisdiction over the action cannot be obtained in a California Superior Court, in a Federal District Court of competent jurisdiction situated in the State of California, and Customer hereby consents to the personal jurisdiction of such courts.

13. FORCE MAJEURE. A Party will be excused from a delay in perfonning, or a failure to perform, its obligations under this Agreement (excluding Customer's payment obligations) to the extent such delay or

Page 10 of 14


Agreement No: SST -LED-003

failure is caused by the occurrence of a Force Majeure Event. In such event, the performance times shall be extended for a period of time equivalent to the time lost due to the Force Majeure Event. However, if a Force Majeure Event (excluding any affecting Customer's payment obligations) continues more than ninety (90) days, the party not relying on the excusable delay may, at its option, terminate the affected Product Order Form or Work Order, in whole or in part, upon notice, without penalty or obligation to the party suffering under the Force Majeure Event.

14. GENERAL TERMS. This Agreement contains the entire agreement between the parties regarding the Services and supersedes any other prior oral or written agreements. In the event of any conflict or inconsistency between the terms of this Agreement and any Work Order, such Work Order shall control. Any different or additional provisions in purchase orders, invoices or similar documents issued by Customer are hereby deemed refused by PG&E and such refused provisions will be unenforceable. Any modifications hereto must be in writing and signed by the parties. A waiver by any party of any breach will not constitute a waiver of any different or subsequent breach. If any part of this Agreement is invalid, iIlegal or unenforceable for any reason, that portion shall be replaced with a valid provision appropriate to the parties' original intent and the remainder shall be enforced.

IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the Effective Date first set forth above.

PACIFIC GAS AND ELECTRIC COMPANY

245 Market Street MC N10D San Francisco, CA 94105

By:~~ ______________________ _

(Signature)

Name:

Title:

Date:

CUSTOMER

By: ________ -------------------(Signature)

Name:

Title:

Date:

Page II of 14


EXHIBIT A POTENTIAL ECMS


Potential ECMs that may be included in a Work Order are set forth below:

a. Implementation, modification, repair, maintenance and/or operation of on-site generation/cogeneration facilities, including those fueled by alternative resources, emergency and back-up power supply systems,

b. Power quality and power reliability solutions including uninterruptible power supply systems, thennal euergy storage systems and fuel switching technology,

c. Power factor correction measures and equipment, d. Transfonner replacement, e. Interior and exterior lighting system replacement, f. Lighting control improvements, g. Occupancy sensors, h. LED exit sign installation, i. Motors replacement with high efficiency motors, j. Packaged air conditioning unit replacement, k. Cooling tower retrofit, I. Economizer installation, m. Energy management control system installation/alteration/repair, n. Fans and pump replacement or impeller trimming, o. Chiller retrofit, p. Variable frequency or variable speed drive utilization, q. Replacement of air conditioning & heating unit with a heat pump, r. Addition of liquid refrigerant pump to a reciprocating air conditioning unit, s. Heat pipe dehumidification, t. High efficiency window air conditioner replacement, u. Upgrade of natural gas-fired boilers~ with new controls (low NOx burners), v. Boiler control improvements, w. Steam trap maintenance and replacement, x. Infrared heating system, y. Solar domestic hot water system, z. Solar air preheating system, aa. Insulation installation, bb. Weatherization, cc. Window replacement, dd. Window coverings and awnings, ee. Reflective solar window tinting, ff. High efficiency refrigerator replacement, gg. Water conservation device installation (e.g., flow restrictors, low flow flush valves,

waterless urinals, horizontal axis washing machines), hh. Faucet replacement (infrared sensor), 11. Water distribution system leak detection, and cost effective repair, JJ. Flash bake commercial cooking, kk. Operation, maintenance, modification andlor extension of utility distribution and

collection system, 11. Training that will result in reduced energy costs, mm. Installation, maintenance and operation of standby propane facility, nn. Installation, maintenance and operation of gas distribution system and associated

equipment, 12


Agreement No: SST -LED-003

00. Any other cost-effective ECM, including those that reduce Customer's energy consumption, energy demand or energy costs, provide energy savings, improve energy reliability, and other energy infrastructure improvements, and water conservation.

pp. Design and/or scoping efforts in support of Authorization(s) other than the Authorization in which such design and/or scoping efforts are ordered and under which they are compensated.

13

Pacific Gas: and Electric Company

CALIFORNIA STATE GOVERNMENT CUSTOMERS

ON-BILL FINANCING LOAN AGREEMENT

The undersigned customer ("Customer") has contracted for the provIsion of energy efficiency/demand response equipment and services (the "Work") which qualify for one or more of PG&E's applicable rebate or incentive programs. Subject to the conditions (including the process for Adjustment and preconditions to funding) set forth below, Pacific Gas & Electric Company ("PG&E") shall extend a loan (the "Loan") to Customer in the amount of the loan balance (the "Loan Balance") pursuant to the terms of this On-Bill Financing Loan Agreement ("Loan Agreement") and PG&E's rate schedules E-OBF and/or G-OBF, as applicable (the "Schedule").

To request the Loan, Customer has submitted a completed On-Bill Financing Application and associated documentation as required by PG&E (the "Application"). Collectively the Application and this Loan Agreement (including any Adjustment hereunder) comprise the "Agreement".

1. Customer shall arrange for its Contractor, as identified at the end of this Agreement ("Contractor"), to provide the Work as described in the Application.

2. The estimated Loan Balance is set forth below. The total cost of the Work as installed, rebate/incentive for qualifying energy efficiency measures, Loan Balance, monthly payment, and loan term specified in this Loan Agreement may be adjusted, if necessary, after the Work and the post-installation inspection described in the Application and/or herein are completed (the "Adjustment"). The Adjustment will be calculated using the actual total cost of the Work, as installed, and the estimated energy savings (as described in the Application) of such Work. In no event will the Loan Balance be increased without Customer's written consent, even if Customer is eligible for such increased Loan Balance. Moreover, in no event will the Loan Balance exceed the maximum loan amount stipulated in the Application. Customer understands that in order to be eligible for the Loan, the initial Loan Balance for Work may not fall below the minimum loan amount, nor may the payback period exceed the maximum payback period. Accordingly, if after the Adjustment, the Loan Balance falls below the minimum loan amount or if the simple payback period exceeds the program maximum payback period, each as described in the Application, PG&E shall have no obligation to extend the Loan, as the Work would not meet program requirements. The Adjustment described in this paragraph will be communicated to the Customer in writing and will automatically become part of this Loan Agreement, except that any proposed increase in the Loan Balance will only become part of this Loan Agreement upon Customer's written consent to such increase.

3. PG&E shall have no liability in connection with, and makes no warranties, expressed or implied, regarding the Work. The Parties acknowledge and agree that PG&E is only providing the State with financing. The Customer has independently hired contractors ("State Contractors") to perform the work on behalf of the Customer to qualify for financing. The Customer acknowledges and agrees that the State Contractors are not third party beneficiaries to this agreement between the Customer and PG&E. To the extent authorized by law and subject to appropriation of the Legislature, the Customer agrees that it will look only to State Contractors for any claims related to the installed equipment or its perfonmance and that PG&E shall have no responsibility or liability, except for the payment of the loan proceeds, and the Customer shall indemnify PG&E for any claims made by the State Contractors against PG&E.

4. Customer represents and warrants that (a) Customer is receiving this Loan solely for Work obtained in connection with Customer's business, and not for personal, family or household purposes; (b) Customer, if not an individual or a government agency, is duly

Automated Document - Preliminary Statement Part A Page 1 of 5 Form 79~1143

Advice 3370·G I 4200·E March 2013

Pacific Gas am! Elec/ric Company



organized, validly existing and in good standing under the laws of its state of formation, and has full power and authority to enter into this Agreement and to carry out the provisions of this Agreement. Customer is duly qualified and in good standing to do business in all jurisdictions where such qualification is required; (c) this Loan Agreement has been duly authorized by all necessary proceedings, has been duly executed and delivered by Customer and is a valid and legally binding agreement of Customer duly enforceable in accordance with its terms; (d) no consent, approval, authorization, order, registration or qualification of or with any court or regulatory authority or other governmental body having jurisdiction over Customer is required for, and the absence of which would adversely affect, the legal and valid execution and delivery of this Loan Agreement, and the performance of the transactions contemplated by this Loan Agreement; (e) the execution and delivery of this Loan Agreement by Customer hereunder and the compliance by Customer with all provisions of this Loan Agreement: (i) will not conflict with or violate any Applicable Law; and (ii) will not conflict with or result in a breach of or default under any of the terms or provisions of any loan agreement or other contract or agreement under which Customer is an obligor or by which its property is bound; and (f) all factual information furnished by Customer to PG&E in the Application and pursuant to this Agreement is true and accurate.

5. The Application must include the Federal Tax Identification Number or Social Security Number of the party who will be the recipient of the checks for the rebate/incentive or any Loan proceeds. Checks may be issued directly to the Customer or its designated Contractor or both, for the benefit of the Customer, as specified below. Customer acknowledges that PG&E will not be responsible for any tax liability imposed on the Customer or its contractor in connection with the transactions contemplated under the Agreement, whether by virtue of the Loan contemplated under the Agreement, or otherwise, and Customer shall indemnify PG&E for any tax liability imposed upon PG&E as a result of the transactions contemplated under the Agreement.

6. Upon completion of the Work, Customer shall send a written confirmation of completion to PG&E's On-Bill Financing Program Administrator at the address listed in Section 15. Within 60 days after receiving the confirmation, PG&E (a) will conduct a post installation inspection and project verification, including review of invoices, receipts and other documents as required by PG&E to verify the correctness of any amounts claimed by Customer; and (b) will adjust, if necessary, the total cost, incentive, Loan Balance, monthly payment, and loan term as stated above. Customer shall give PG&E reasonable access to its premises and the Work. If the Work conforms to all requirements of the Agreement and all amounts claimed by Customer as Work costs are substantiated to PG&E's reasonable satisfaction, PG&E will issue a check ("Check") to Customer or Contractor (as designated by Customer in Section 15) for all amounts PG&E approves for payment in accordance with the Agreement. The date of such issuance is the "Issuance Date". If the Check is issued to Customer, Customer shall be responsible for paying any outstanding fees due to Contractor for the Work. If the Check is less than the amount due from Customer to Contractor, Customer shall be responsible for the excess due to the Contractor.

7. Customer shall repay the Loan Balance to PG&E as provided in this Loan Agreement irrespective of whether or when the Work is completed, or whether the Work is in any way defective or deficient, and whether or not the Work delivers energy efficiency savings to Customer.

Automated Document - Preliminary Statement Part A Page 2 of 5 Form 79-1143

Advice 3370-G f 4200-E March 2013

Pacific Gas ami Electric COIl/PIInV



8. The monthly payments will be included by PG&E on the Account's regular energy service bills, or by separate bill, in PG&E's discretion. Regardless whether the monthly payments are included in the regular utility bill or a separate loan installment bill, the following repayment terms will apply:

a. The Customer agrees to repay to PG&E the Loan Balance in the number of payments listed below and in equal installments (with the final installment adjusted to account for rounding), by the due date set forth in each PG&E utility bill or loan installment bill rendered in connection with Customer's account (identified by the number set forth below) ("Account"), commencing with the bill which has a due date falling at least 30 days after the Issuance Date.

b. If separate energy service bills and loan installment bills are provided, amounts due under this Loan Agreement as shown in the loan installment bill shall be deemed to be amounts due under each energy services bill to the Account, and a default under this Loan Agreement shall be treated as a default under the Account.

c. If the Customer is unable to make a full utility bill payment in a given month, payment arrangements may be made at PG&E's discretion.

d. Any partial bill payments received for a month will be applied in equal proportion to the energy charges and the loan obligation for that month, and the Customer may be considered in default of both the energy bill and the loan installment bill.

e. Further payment details are set forth below.

9. Any notice from PG&E to Customer regarding the Program or the transactions contemplated under the Loan Agreement may be provided within a PG&E utility bill or loan installment bill, and any such notices may also be provided to Customer at the address below or to the Customer's billing address of record in PG&E's customer billing system from time to time, and in each case shall be effective five (5) days after they have been mailed.

10. The Loan Balance shall not bear interest.

11. Customer may, without prepayment penalty, pay the entire outstanding loan balance in one lump sum payment provided the customer first notifies PG&E by telephoning the toll free phone number (1-800-468-4743), and by sending written notice to PG&E On-Bill Financing Program Administrator at the address listed below, in advance of making the lump sum payment. Accelerated payments that are received from Customer without PG&E's prior approval may, at PG&E's sole discretion, be applied proportionally to subsequent energy charges and Loan repayments and PG&E shall have no obligation to apply accelerated payments exclusively to reduction of the outstanding Loan.

12. The entire outstanding Loan Balance will become immediately due and payable, and shall be paid by Customer within 30 days if: (i) the Account is closed or tenminated for any reason; (ii) Customer defaults under the Agreement; (iii) Customer sells the equipment fonming part of the Work to any third party; or (iv) Customer becomes Insolvent. Customer becomes "Insolvent" if: (i) Customer is unable to pay its debts as they become due or otherwise becomes insolvent, makes a general assignment for the benefit of its creditors, or suffers or penmits the appointment of a receiver for its business

Automated Document - Preliminary Statement Part A Page 3 of 5 Form 79-1143

Advice 3370-G I 4200-E March 2013

Pacific Gas and Elfictric Company



or assets or otherwise ceases to conduct business in the normal course; or (ii) any proceeding is commenced by or against Customer under any bankruptcy or insolvency law that is not dismissed or stayed within 45 days.

13. Customer understands that without limiting any other remedy available to PG&E against Contractor or Customer, failure to repay the Loan Balance in accordance with the terms of the Agreement could result in shut-off of utility energy service, adverse credit reporting, and collection procedures, including, without limitation, legal action.

14. If there is any conflict among the documents comprising the Agreement, the following order of priority shall apply: 1. this Loan Agreement; 2. the Application; 3. any documents attached to the Application.

15. STATE OF CALIFORNIA REQUIREMENT

a. All Payment Obligations Subject to Appropriation

The Customer acknowledges that the cost incurred pursuant to this Loan Agreement will be part of the monthly bill for electricity use. All payment obligations and the Work replacement obligations of the Customer under this Loan Agreement or any related agreement or application is subject to appropriation by the Legislature of the State of California.

b. No Lien or Encumbrance; Subordination:

(1) Notwithstanding any other provision in this Loan Agreement - , PG&E acknowledges that nothing in this Loan Agreement shall constitute a mortgage, charge, assignment, transfer, pledge, lien or encumbrance upon either the Work or any part of the buildings, structures or related facilities in which the Work is constructed, installed or situated (collectively, the "Related Facilities"). Accordingly, PG&E agrees it will not record or file any instrument that would indicate or imply it has a security interest in the Related Facilities, including but not limited to a UCC-1.

(2) In addition to the preceding paragraph (a), if this Loan Agreement were ever construed or deemed to create any such encumbrance, then: (i) this Loan Agreement shall be junior and subordinate and subject in all respects to the terms and conditions of any and all leases, and indentures related to lease revenue bonds issued by the State Public Works Board of the State of California or any other issuer of bonds on behalf of the state concerning the Related Facilities entered into in the past, the present or the future (the "Senior Security Documents"); and (ii) any term or condition of this Loan Agreement relating to any right, title or interest in the Related Facilities or other benefits derived there from shall be in all respects junior and subordinate to, and subject to the terms of, the Senior Security Documents.

Automated Document - Preliminary Statement Part A Page 4 of 5 Form 79~ 1143

Advice 3370-G /4200-E March 2013

Total Cost

$


16. Loan Particulars



I This table is to be completed by PG&E

Incentive Customer Loan Balance Monthly Term Number Contribution Payment (months) of (if applicable) Payments

$ $ $ $

Check Made Payable to Contractor 0 or Customer 0 [customer to select payment method. Note that only one check can be issued]

17. This agreement at all times shall be subject to such modifications as the California Public Utilities Commission may direct from time to time in the exercise of its jurisdiction.

Custom er Details

Federal Tax ID or Social Security #, Customer

PG&E Account # I Service Agreement #

Account Name, Customer

Service Address, Customer

Name and Title of Authorized Representative of Customer

Signature of Authorized Representative of Customer

Date

ACCEPTED: Pacific Gas & Electric Company

Contractor Details

Federal Tax ID or Social Security #, Contractor

Name, Contractor

Address, Contractor

Name and Title of Authorized Representative of Contractor

PG&E On-Bill Financing Program Manager Date

Address: PG&E Integrated Processing Center P.O. Box 7265 San Francisco, CA 94120-7265

Automated Document Preliminary Statement Part A Page 5 of 5 Form 79-1143

Advice 3370-G I 4200-E March 2013

Pacific Gas and Electric Company San Francisco, California U 39

Cancelling Revised Original

Cal. P. U. C. Sheet No. Cal. P. U. C. Sheet No.

32501-E 32057-E

ELECTRIC SAMPLE FORM 79·1143 CALIFORNIA STATE GOVERNMENT CUSTOMERS

ON·BILL FINANCING LOAN AGREEMENT

Sheet 1

Advice Letter No: 4200-E Decision No. 11-05-018

1C5

Issued by Brian K. Cherry

Vice President Regulatory Relations

Date Filed Effective Resolution No.

March 14, 2013 March 14,2013


PROPOSAL NUMBER I

Agreement No: PO#:

This Proposal is made and entered into as of , 20_ by and between City of ("Customer") and Pacific Gas and Electric Company ("PG&E"). This Proposal is subject to the terms and conditions of the PG&E Products and Services Agreement between Customer and PG&E dated as of , 20_ (the "Agreement").

DESCRIPTION OF SERVICES

o Scope of Work: Replace _ HPSV lights with LED lights according to the map and LED spreadsheet (identifies each location) in the City of _.

o Number any light poles that are not numbered using badge number stickers provided by PG&E.

o Change the rates to LED and provide documentation on the changes and cost for the street lights which with Customers approval may also include LS2C to LS2A rates changes. Customer Initials . Date ___ _

o Process the rebates and provide documentation on the changes and cost for the street lights.

o Provide a revised GIS-based inventory.

Estimated minimum number of days to complete scope ofwork:_ days

Date work is estimated to begin: __ _

Customer sites where work is to be performed (may attach spreadsheet of street lights): See attached map for location.

Type and number of street light fixtures to be replaced (may attach spreadsheet): See attached spreadsheet for fixtures.

Locations may change if street lights are added to or deleted from the project during installation. A final spreadsheet will be given to Customer upon completion of the work.

If in the process of perfonning the Service, active bird nests, andlor bee hives, wasps are discovered, PG&E will notify Customer of such condition and discontinue work on affected equipment.

MATERIALS DISPOSAL

Customer will make space available at Customer-owned property for material storage and disposal during construction. PG&E will hold Customer hannless for damage to stored materials while on Customer's property. Customer site where PG&E may store materials and waste disposal bins:

Page 1 of7


PG&E will store the materials at the following site:

Address: ____ _

Agreement No: PO#:

PG&E's Contractor will keep the lights that have been replaced in a locked container until taking them to PG&E's yard, Contractor will separate the lamp from the fixture and put them in the appropriate bins. PG&E will label the bins and ship them to a registered disposal facility.

TRAFFIC CONTROL PLAN

PG&E Contractor shall be required to comply with all applicable federal, state, and local laws, rules, regulations, permits, and codes including without limitation such laws, rules, regulations, permits, and codes with respect to safety and traffic control.

COST AND PAYMENT SCHEDULE

PG&E estimates the services under this Proposal will cost -;--:-----;;--;_-;:_--;-($7 ). However, Customer will be invoiced for actual installations (location and size of fixture). The estimate will not be exceeded without Customer's prior approval.

This price does C1 does not C1 subtract the value of the LED streetlight rebates from the cost to provide the Services.

Payment Schedule:

Payment: Customer will be invoiced for final 100% payment upon completion of this Proposal or when punch list items (if any) have been completed.

If Customer chooses to terminate this Proposal prior to completion of the Services, then Customer shall pay PG&E for all costs accrued up to the date of termination, including all materials purchased.

PG&E will submit invoice to Customer based on the Payment Schedule. Customer will remit payment to PG&E within 14 days after receipt of the invoice.

PG&E will accept On-Bill Financing (OBF) as a method of payment from this customer.

BUSINESS CONTACTS:

PG&E's primary business contact for this Proposal:

Name: Michelle Ward Title: Sales Manager Address: 245 Market Street, Mail Code N10D San Francisco, CA 94105 Telephone: 415-265-0144 Email: [email protected]

Page 2 of7


Customer's primary business contact for this Proposal:

Name: Title: Address: Telephone: Email:

CUSTOMER BILLING CONTACT:

Customer's billing contact for this Proposal:

Name: Title: Address: Telephone: Email:

Agreement No: PO#:

IN WITNESS THEREOF, the parties agree to be bound by this Proposal as of the date first set forth above.

CUSTOMER CITY OF

Print Name:

Signature:

Date:

PACIFIC GAS AND ELECTRIC COMPANY

Print Name:

Signature:

Date:

Page 3 of7

Roxanne Fong, Manager


Agreement No:

MANUFACTURER'S WARRANTY INFORMATION

Street light manufacturer's contact information:

The street light manufacturer's contact information and warranty will be attached to each Proposal.

Cree LED Lighting Fixtures

1200 92nd Street Sturtevant, WI 53177-1854 Phone: (800)236-6800

Warranty period:

10 years.

Photo control warrantor's contact information:

Ripley Lighting Controls

2023 Platt Springs Road P.O. Box 3229 West Columbia, SC 29169 Phone: 803-939-4700 Fax: 803-939-4777

Warranty period:

8 years.

Warranty is attached.

Page 4 of7

PO#:


Agreement No: PO#:

LIMITED WARRANTY FOR CREE® LED LIGHTING FIXTURES (INCLUDING BETALED® TECHNOLOGY; TRUEWHITE® TECHNOLOGY; AND

ESSENTIA® FIXTURES)

This limited warranty is provided by the Cree company described below ("Seller") to you as the original purchaser of the LED lighting product that is identified on Seller's invoice reflecting its original purchase (the "Product"). The Seller is the Cree company identified as such on the invoice. This limited warranty may be transferred to subsequent purchasers of the Product, provided that such Product is resold in new condition and in its original packaging. Seller warrants that the Product, when delivered in new condition and in its original packaging, will be free of defects in material and workmanship for a period of TEN (l0) YEARS from the date of original purchase. The determination of whether the Product is defective shall be made by Seller in its sole discretion with consideration given to the overall performance of the Product. A Product shall not be considered defective solely as a result of the failure of individual LED components to emit light if the number of inoperable components is less than 10% of the total number of LED components in the Product.

If Seller determines the Product is defective, Seller will elect, in its sole discretion, to refund you the purchase price of the Product, repair the Product or replace the Product. This limited warranty will not apply to loss or damage to the Product caused by: negligence; abuse; misuse; mishandling; improper installation, storage or maintenance; damage due to fire or acts of God; vandalism; civil disturbances; power surges; improper power supply; electrical current fluctuations; corrosive environment installations; induced vibration; harmonic oscillation or resonance associated with movement of air currents around the Product; alteration; accident; failure to follow installation, operating, maintenance or environmental instructions prescribed by Seller or applicable electrical codes; or improper service of the Product performed by someone other than Seller or its authorized service provider. This limited warranty excludes field labor and service charges related to the repair or replacement of the Product. THIS LIMITED WARRANTY IS VOID IF THE PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH IT IS DESIGNED.

Seller reserves the right to utilize new, reconditioned, refurbished, repaired or remanufactured products or parts in the warranty repair or replacement process. Such products and parts will be comparable in function and performance to an original product or part, as determined by Seller in its sole discretion, and warranted for the remainder of the original warranty period.

In order to make a warranty claim, you must notify Seller in writing within sixty (60) days after your discovery of the defect, provide proof of purchase such as the invoice and comply with Seller's other warranty requirements. Upon receiving that notice, Seller may require you to promptly return the Product to Seller, or its authorized service provider, freight prepaid. Your warranty claim should be addressed to Cree clo Ruud Lighting, Inc., 920 I Washington Avenue, Racine, WI 53406. This limited warranty only applies to specified LED fixtures. Any warranties applicable to finish, poles, lamps, CR Series downlights, LR24TM troffers, certain BetaLED® Technology outdoor fixtures (specifically Class II as defined per IEC/EN60598), backup batteries, controls, occupancy sensors, photocells and other fixture accessories can be found at www.cree.com/lightinglproducts/warranty.

Page 5 of7


Agreement No: PO#:

THE FOREGOING WARRANTY PROVISIONS ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMIT A TION ANY WARRANTY AGAINST INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, COMPENSATORY, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES. SELLER'S AGGREGATE LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT SHALL IN ANY EVENT BE LIMITED TO THE MONIES PAID TO SELLER FOR THAT DEFECTIVE PRODUCT.

This warranty is effective for purchases of Product on or after the effective date set forth below. Seller reserves the right to modify this warranty from time to time. Any modification of this warranty shall be effective for all orders placed with Seller on or after the effective date of such revised warranty.

Page6of7


R Ip P LEYLIGHTING CONTROLS

DIVISION OF SOUTHCONN TECHNOLOGIES INC

2023 Platt Springs Road P.O. Box 3229 West Columbia, SC 29169 Phone: 803-939-4700 Fax: 803-939-4777

WARRANTY

Agreement No: PO#:

The 6300 Series carries an 8-year warranty. If the product fails due to manufacturing defect within its warranted period, Ripley Lighting Controls will choose to either replace or repair the lighting control unit. This warranty does not cover damage caused by accident, abuse, misuse or lightning strikes. Ripley's liability hereunder shall be limited to replacement or repair and shall not cover the cost of removal or installation of the unit, nor any consequential damages. Ripley Lighting Controls assumes no further liability with respect to the sale or use of this product. This warranty is in lieu of other warranties, expressed or implied, including the warranty of merchantability. Ripley Lighting Controls makes no warranty with respect to the suitability of the user's particular application. This warranty gives the user specific legal rights.

Page 7 of7

TO:

FROM:

DATE:


Mayor Villa Ita & Council Members

Steve Carrigan, City Manage~

January 7,2015

SUBJECT: Industrial Park Presentation

TYPE OF REPORT: Informational Item

Recommendation:

Informational item only, no action to be taken.

Discussion: Staff has prepared a presentation regarding the Industrial Park proposal.


TO: Mayor & City Council Members

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

DATE: January 7,2015

SUBJECT: City Commission Appointments

TYPE OF REPORT: Non Consent Agenda

Recommendation:

Appoint members to the following commissions:

Airport Advisory Commission Three (3) Vacancies: Three (3) Two (2) Year Terms - Expiring December 31,2016

Economic Development Advisory Commission Three (3) Vacancies: Three (3) Two (2) Year Terms - Expiring December 31, 2016; and Two (2) City Council Member appointments.

Los Banos Parks & Recreation Commission Three (3) Vacancies: Three (3) Two (2) Year Terms - Expiring December 31,2016

Los Banos Planning Commission Four (4) Vacancies: Four (4) Two (2) Year Terms - Expiring December 31, 2016

Los Banos Tree Commission Two (2) Vacancies: Two (2) Two (2) Year Terms - Expiring December 31,2016

Discussion:

Staff advertised the above vacancies in the Los Banos Enterprise and on the City's website. All applicants were interviewed by a committee per City policy.

Fiscal Impact:

None.

LOS Banos \, ill( (/U\\l()uds of Culi/oillia

E £ .. COMMUNITY AND ECONOMIC DEVELOPMENT

DEPARTMENT

Date: January 2,2015


Proposal: Site Plan Review #2014-02 - Mi Barrio Food & Gas Mart

£

NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider Site Plan Review #2014-02 for Mi Barrio Food and Gas Mart. The project proposal is for the installation of a four-bay fuel station for an existing convenience store. The project site is located within the Highway Commercial zoning district at 403 N. Mercey Springs Road; more specifically described as Assessor's Parcel Number: 082-072-024.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Planning Commission on Wednesday, January 14, 2015 at 7:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 "J" Street. Questions regarding the above-referenced item may be directed to Stacy Souza Elms, Assistant Planner II at City Hall or at (209) 827-7000, Ext. 133.

Persons wishing to provide oral comments on the proposed project may do so at this meeting or may provide written comments on this matter prior to the public meeting. Written comments may be sent by U.S. Mail or hand delievered to the City of Los Banos City Hall at 520 "J" Street, Los Banos, California 93635. Please be advised that should the action by the City Council be challenged in court, you may be limited to only those issues raised at the hearings or by written comment per Government Code Section 65009.


~Az~ Assistant Planner II