At the Crossroads of California. AGENDA CITY COUNCIL MEETING. CITY HALL COUNCIL CHAMBERS 520 J Street Los Banos, California

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1 LOS Banos At the Crossroads of California AGENDA CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 520 J Street Los Banos, California NOVEMBER 6,2013 If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office@ (209) at leasl48 hours prior to the meeting. The City oflos Banos complies with the Americans with Disabilities Act (ADA) of ********.*** Si requiere asistencia especial para atender 0 participar en asia junta por favor /fame a la oficina de la Secretaria de la ciudad al (209) a /0 menos de 48 haras prev;as de /a junta. La Cuidad de Los Banos Gumple con /a Acta de Americanos con Deshabilidad (ADA) de Any writings or documents provided to a majority ofthe 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 Cualquier escritura 0 los documentos proporcionaron a una mayoria del Ayuntamiento respecto a cuafquier articulo en este orden del dia sera hecho disponible para fa inspecci6n publica en la reuni6n y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en 1. CALL TO ORDER. 7:00 PM 2, PLEDGE OF ALLEGIANCE. 3. ROLL CALL: (City Council Members) Faria, Lewis, Silveira_, Stonegrove, Villalta _ 4. CONSIDERATION OF APPROVAL OF AGENDA 5. PRESENTATIONS. A Veterans Day Proclamation. Los Banos City Council Agenda - November 6, 2013 Page 1 of 3

2 B. Certificate of Recognition to Stacy Betschart - Teacher of the Year. C. Certificate of Recognition to Vernicky Gold - School Employee of the Year. 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 # # in the Amount of $1,240, Recommendation: Approve the check register as submitted. B. Minutes for the August 7, 2013 City Council Meeting. Recommendation: Approve the minutes as submitted. C. City Council Resolution No Accepting the Congestion Mitigation and Air Quality (CMAQ) Project CML-5160(023) as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder. Recommendation: Adopt the resolution as submitted. D. City Council Resolution No Authorizing the City Manager to Execute an Out of Boundary Service Agreement Upon Local Agency Formation Commission (LAFCO) Approval (APN ). Recommendation: Adopt the resolution as submitted. E. City Council Resolution No Approving the Acceptance of a $29,300 DUI Checkpoint Grant from the California Office of Traffic Safety (OTS) and Amending the Budget by Increasing the Appropriation amount of the State Grant fund Account for Expenditures and Revenues in the Amount of $29,300. Recommendation: Adopt the resolution as submitted. 8. CONSIDERATION OF THE ADOPTION OF ORDINANCE NO REORGANIZING AND UPDATING THE CITY'S MUNICIPAL CODE RELATIVE TO CITY COMMISSIONS AND COMMITTEES SPECIFICALLY AMENDING TITLE 2 CHAPTER 2 OF THE LOS BANOS MUNICIPAL CODE. (SECOND READING & ADOPTION) Recommendation: Receive the staff report, waive the second reading of the ordinance, and adopt the ordinance as submitted. Los Banos City Council Agenda - November 6, 2013 Page 2013

3 9. ADVISEMENT OF PUBLIC NOTICES. (Two Reports) 10. NOTICE AND ANNOUNCEMENT OF VACANCIES ON THE FOLLOWING COMMISSIONS/COMMITIEES: A. Parks & Recreation Commission - Two (2) Vacancies B. Planning Commission - Three (3) Vacancies C. Economic Development Advisory Committee - Two (2) Vacancies D. Airport Advisory Commission - Two (2) Vacancies E. Measure P Committee - Three (3) Vacancies Recommendation: committee. Appoint Council Member(s) to serve with the Mayor on the selection 11. CITY MANAGER REPORT. 12. CITY COUNCIL MEMBER REPORTS. A. Scott Silveira B. Elizabeth Stonegrove C. Tom Faria D. Deborah Lewis E. Mayor Michael Villalta 13. 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..;k~f.~ Lucille L. Mallonee, City Clerk Dated this 31 st day of October 2013 Los Banos City Council Agenda - November Page 30(3

4 CK # # /06/13 Bank Reconciliation Checks By Date $1,240, LOS Banos 10/28/2013-2:34 PM User: jdemelo Cleared and Not Cleared Checks Check No Check Date Name Comment ModuleVoid Clear Date Amount /02/2013 AT&T AP /02/2013 Bank ofamerica AP /02/2013 Bank ofamerica AP /02/2013 Bank ofamerica AP /02/2013 Department ofpublic Health AP /02/2013 Deborah Lewis AP /02/2013 Scott Silveira AP /02/2013 William A. Vaughn AP /02/2013 Victory Tactical Gear, LLC AP 12, /02/2013 Westamerica Bank - Cafeteria P AP 233, / Alhambra AP /11/2013 ABS Direct, Inc. AP 1, /11/2013 Arneripride Valley Uniform Serv AP /11/2013 Anthony Gomes Electric Service AP /11/2013 Aramark Uniform Ser Inc AP /11/2013 AT&T AP / Baker Supplies & Repair AP /11/2013 Todd Baker AP /11/2013 Barton Overhead Door Inc AP 5, /11/2013 Bear Cat Mfg Inc AP / BSK AP / CNA Surety AP /11/2013 Ca Dept ofjustice AP 1, / Central Concrete AP /11/2013 Credit Bureau Associates AP /11/2013 CSG Consultants Inc. AP 6, /11/2013 CSMFO AP / CSMFO AP / CSMFO AP /11/2013 LN Curtis & Sons AP 5, /11/2013 Maria Cardenas AP /11/2013 Electrical Distributors Co. AP /11/2013 Fastenal Company AP / Federal Express AP /11/2013 Fisher Scientific Company, LLC AP / Food 4 Less AP /11/2013 Fresno City College AP / Fresno Truck Center AP /11/2013 GCS Environmental Equipment Se AP /11/2013 Galls Inc AP / Garton Tractor Jnc AP /2013 DarraH Gargano AP /11/2013 Grassland Water District AP 32, /11/2013 Groeniger & Company AP 2, /11/2013 Maximo Gomez AP /1I/2013 Heppner Precision Machine AP lI/2013 Holt of California AP 1, lI/2013 Terrie Helmer AP O/1I/2013 Krazan & Associates Inc AP 4, lI/2013 Lexipol LLC AP 4, BR - Checks by Date (10/28/2013-2:34 PM) Page

5 Check No Check Date Name Comment ModuleVoid Clear Date Amount /2013 Los Banos Car Wash Inc AP / Los Banos Express Oil & Lube AP O/ll/2013 Los Banos Vet Clinic AP 1, / Lucas Business Systems AP / Tarlochan Lasher AP / MADD AP / Marfab Inc AP / McNamara Sports Inc AP O/ll/2013 Jose Melendrez Sr. AP O/ll/2013 Merced Sun Star AP ll/2013 Merced Uniform & Accessories AP / Metro Uniform AP /11/2013 Napa Auto Parts AP / The Office City AP O/ll/2013 OSE AP 2, / O'Reilly Auto Parts AP 3, O/ll/2013 OnTrac AP / P G & E Company AP O/ll/2013 Pacheco Vcterinary AP / Protech Security & Electronics AP / Recall Secure Destruction Scrv AP / Riggs Ambulance Service AP / SJVUAPCD AP / Systems For Public Safety AP /11/2013 Santos Ford Lincoln Mercury, I AP / Save Mart Supermarkets AP O/ll/2013 Sauceda Vchicle AP / Sherwin Williams Co AP O/ll/2013 Sierra Chemical Co AP 2, O/ll/2013 Sign Solutions AP /11/2013 Sinclair General Engineering C AP 3, /11/2013 Smith & Loveless Inc AP 1, / SolarBee, Inc. AP 34, /2013 Sorensens True Value AP ll/2013 Rick Spaldiug AP O/ll/2013 Rick Spalding AP /11/2013 Specialty Distributors, Inc. AP O/ll/2013 Terryberry AP / U.S. Bank Equipment Finance AP 1, / Celina De La Torre AP / Jose Gonzalez AP /11/2013 Carl Jones AP lo/li/2013 Westhill Property Mgmt AP / Home Sweet Home Property Mana AP /11/2013 Home Sweet Horne Property Mana AP /11/2013 Michael & Concettina Boerlin AP /lI/2013 Roberto Ramos AP lo/li/2013 MingFan AP /11/2013 Gracie Morales AP I0/lI/2013 Allen and Haruko Moore AP lo/li/2013 Michael Arias AP /lI/2013 Andrew Souto AP /lI/2013 Maria Carranza AP / BoWen AP /11/2013 Heather and Dylan Thomas AP /1l12013 David Goossens AP I 0/lI/2013 Amanda Dominguez AP / Vu Nguyen AP /11/2013 Desiree Dehart AP O/lI/2013 Olegario Anzurez~Diaz AP lo/li/2013 Law Offices of William A Vaugh AP 7, / Westside Water Conditioning AP BR - Checks by Date (10/ :34 PM) Page 2

6 Check No Check Date Name Comment ModuleVoid Clear Date Amount / Young's Air Conditioning AP /11/2013 Young's Automotive AP /18/2013 ABS Direct, Inc. AP /18/2013 Aflae-Customer Service AP /18/2013 Aflac-Customer Service AP / Aflac-Customer Service AP /18/2013 Afiae-Customer Service AP /18/2013 Alert-a-Lite, Inc. AP /18/2013 Allied Waste Services #917 AP 287, /18/2013 Ameripride Valley Uniform Serv AP /18/2013 Anthony Gomes Electric Service AP /18/2013 Ararnark Unifonn Ser Inc AP / AT&T AP 1, /18/2013 Bank ofamerica AP 90, /18/2013 Bank ofamerica AP 2, /18/2013 Bank ofamerica AP 10, /18/2013 Bank ofamerica AP /18/2013 Bank ofamerica AP /18/2013 Baker Supplies & Repair AP /18/2013 Brg Consumers Choice AP /18/2013 Board ofequalization AP /18/2013 Brinks Inc. AP /18/2013 Ca Dept ofjustice AP /18/2013 California Building Standards AP /18/2013 Cal Traffic AP 1, /18/2013 Steve Carrigan AP /18/2013 Central Concrete AP /18/2013 Clark Pest Control Inc AP /18/2013 Corneast AP /18/2013 CompuCom AP 6, /18/2013 Cook's Communications Corp. AP / Dept ofconservation AP /18/2013 Electrical Distributors Co. AP /18/2013 ABY MFG Group. Inc. AP /18/2013 Fact Automated Entrances AP /18/2013 Fastenal Company AP / Ferrellgas, Jnc. AP /18/2013 Fresno Truck Center AP /18/2013 Golden State Flow AP /18/2013 Galls Inc AP /18/2013 Groeniger & Company AP /18/2013 Hach Company AP /18/2013 Hartford Life Ins Co AP 1, /18/2013 Hartford Life Ins Co AP 4, /18/2013 Heppner Precision Machine AP /18/2013 Hi Tech Emergency Vehicle Serv AP /18/2013 Home Depot AP 2, /18/2013 Language Line Services AP /18/2013 Los Banos Express Oil & Lube AP /18/2013 Los Banos Feed & Ranch Supplie AP /18/2013 Los Banos Fitness & AP /18/2013 Los Banos Police Assn AP 2, /18/2013 Marfab Inc AP /18/2013 Merced County Clerk AP /18/2013 Merced County Regional Waste M AP 2, /18/2013 Merced County CASA AP /18/2013 Napa Auto Parts AP /18/2013 The Office City AP /18/2013 OSE AP / OnTrac AP /18/2013 P G & E Company AP /18/2013 Nationwide Retiremt Solut AP 1, IlR - Checks by Date (10128/2013-2:34 PM) Page 3

7 Check No Check Date Name Comment ModuleVoid Clear Date Amount /18/2013 PERS - Public Employees AP 115, /18/2013 PERS Long Tenn Care AP /18/2013 Pinnacle Medical Group AP 1, /18/2013 Professional Fire Fighter AP /18/2013 Radio Shack Accounts Rec AP /18/2013 San Joaquin River Exchange Con AP 3, /18/2013 Sase Company Inc AP / Sherwin Williams Co AP /18/2013 Soares Lumber & Fence Inc AP /18/2013 Sol's Mobile Service AP /18/2013 Springbrook Software, Inc. AP /18/2013 Sorcnsens True Value AP / Specialty Distributors, Inc. AP /18/2013 Spriggs Inc. AP /18/2013 State Disbursement Unit AP 1, /18/2013 Talley Oil Inc. AP 9, /18/2013 Thomas Ochoa AP /18/2013 Terryberry AP /18/2013 Teledyne Isco, Inc. AP 1, /18/2013 Triangle Rock Products AP /18/2013 US Bank Corp pymt System AP 8, /18/2013 Juan Barriga AP /18/2013 Coldwell Banker, Debbie AP /18/2013 Pearl Downum AP /18/2013 P Gargano AP /18/2013 Salvador & Linda Mejia AP /18/2013 Olga Perez AP /18/2013 Tadcaster Properties AP /18/2013 Credit Bureau Associates For AP /18/2013 Barry & Claudia Olson AP /18/2013 Jody Smead AP /18/2013 California Equity Management AP /18/2013 PMZ Real Estate - Heidi Johnso AP /18/2013 Susan and David Pemctti AP /18/2013 Los Banos Property Management AP /18/2013 Credit Bureau Associates For AP /18/2013 Nancy Lim AP /18/2013 Marvin Jones AP /18/2013 Outlet 152 AP /18/2013 Wendong Wang AP /18/2013 Yingxia Lou AP /18/2013 Alan Thorne AP /18/2013 Edith De La Torre AP /18/2013 Blossom Valley Realty, JR Souz AP /18/2013 DanPouw AP / Jovanny Arias AP /18/2013 Sandra Trejo Leyva AP /18/2013 Eli Mantel AP / Virginia Sperling AP /18/2013 Vantagepont Transfer Agents AP /18/2013 Vantagepoint Transfer Agents- AP /18/2013 Vantagepoint Transfer Agents ~ AP /18/2013 Law Offices ofwilliam A Vaugh AP /18/2013 Visibility Corp AP 1, /18/2013 Westamerica Bank - Cafeteria P AP 2, /18/2013 Westside Water Conditioning AP /18/2013 Windecker Inc AP 1, / Young's Air Conditioning AP /18/2013 Young's Automotive AP /18/2013 Dalen Ziesch AP / Bank ofamerica AP 4, /24/2013 Bank of America AP BR - Checks by Date (10/28/2013-2:34 PM) Page 4

8 Check No Check Date Name Comment ModnleVoid Clear Date Amount /24/2013 Internal Revenue Service AP /24/2013 Westamerica Bank - Cafeteria P AP /25/2013 ABS Direc~ Inc. AP 5, /25/2013 Ameripride Valley Uniform Serv AP /25/2013 Ararnark Uniform Ser Inc AP /25/2013 AT&T AP /25/2013 Lliana Andrada AP /25/2013 Baker Supplies & Repair AP /25/2013 Blueglobes LLC AP /25/2013 BSK AP 4, /25/2013 Aaron Barcellos AP /25/2013 Cit Technology Fin Serv, Inc. AP 1, /25/2013 CCID AP /25/2013 Clark Pest Controllne AP /25/2013 Corneast AP /25/2013 Corneast AP /25/2013 Controlco Automation AP /25/2013 County ofsanta Clara Office 0 AP 2, /25/2013 LN Curtis & Sons AP /25/2013 City oflos Banos Utility AP 41, /25/2013 Miriam Curiel AP /25/2013 Custom Locksmith & Alarm Inc. AP /25/2013 California Gold Development Co AP 20, /25/2013 Dell Marketing L P AP 2, /25/2013 Department ofpublic Health AP /25/2013 Dept oftransportation AP 2, /25/2013 DPREP,LLC AP /25/2013 Electrical Distributors Co. AP /25/2013 Fastenal Company AP /25/2013 Fast Track Car Wash AP /25/2013 Federal Express AP /25/2013 Ferrellgas, Inc. AP /25/2013 Galls Inc AP /25/2013 Aundre Garcia AP /25/2013 Hi Tech Emergency Vehicle Serv AP /25/2013 Holt ofcalifornia AP /25/2013 The Iron Rod AP /25/2013 J W Professional Janitor AP 5, /25/2013 JWC Environmental AP /25/2013 Kustom Signals Inc AP /25/2013 Los Banos Express Oil & Lube AP /25/2013 Los Banos Ministries AP /25/2013 Los Banos Vet Clinic AP 2, /25/2013 Steve Macillas AP /25/2013 Marfab Inc AP /25/2013 Jose Melendrez Sr. AP /25/2013 Merced Chevrolet Inc. AP /25/2013 Merced County Assessor AP /25/2013 Merced Counly Regional Waste M AP 56, /25/2013 Merced County Regional Waste M AP 3, /25/2013 Merced County Regional Waste M AP /25/2013 Merced Sun Star AP /25/2013 Merced Unifonn & Accessories AP 1, /25/2013 Idalia Martinez AP /25/2013 Napa Auto Parts AP /25/2013 Nextel AP /25/2013 The Office City AP /25/2013 OSE AP /25/2013 P G & E Company AP 5, /25/2013 P G & E Company AP /25/2013 The Paper AP /25/2013 Kristin Patterson AP BR Checks by Date (10/28/2013 2:34 PM) Page 5

9 Check No Check Date Name Comment ModuleVoid Clear Date Amount /25/2013 Pitney Bowes Inc AP /25/2013 Provost and Pritchard Engineer AP 1, /25/2013 Safeguard Business System, Inc AP 2, /25/2013 Scott Savage AP /25/2013 Save Mart Supermarkets AP /25/2013 Shenvin Williams Co AP /25/2013 Sierra Chemical Co AP 2, /25/2013 Sol's Mobile Service AP /25/2013 Sorensens True Value AP 1, /25/2013 Terl)'berry AP /25/2013 The Lew Edwards Group AP 5, /25/2013 Tulare Firestone AP /25/2013 Verizon Wireless AP /25/2013 Walmart AP /25/2013 Westamerica Bank - Cafeteria P AP 51, /25/2013 Laurie Westbrook AP /25/2013 Westside Water Conditioning AP /25/2013 Windecker Inc AP 26, /25/2013 Young's Air Conditioning AP /25/2013 EmiZako AP /25/2013 Board ofequalization AP /25/2013 Pinnacle Medical Group AP Total for Valid Checks: 1,240, Total Valid Checks: Total Void Checks: Total Checks: 320 o 320 Break in Check Sequence due to the following Check # , (payroll checks) Check# , (blank unused) Check# (used out of sequence) BR - Checks by Date (10/28/2013-2:34 PM) Page 6

10 CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES AUGUST 7,2013 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. The following closed session as held prior to the City Council Meeting at 6:00 p.m.: CLOSED SESSION - CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION , AGENCY DESIGNATED REPRESENTATIVES: CITY MANAGER CARRIGAN, CITY ATTORNEY VAUGHN, CITY CLERK/ADMINISTRATIVE SERVICES DIRECTOR MALLONEE, ACCOUNTING & BUDGET SUPERVISOR WILLIAMS, LEGAL COUNSEL TUFFO; EMPLOYEE ORGANIZATIONS: LOS BANOS POLICE OFFICERS ASSOCIATION (LBPOA), LOS BANOS POLICE SERGEANTS ASSOCIATION (LBPSA). LOS BANOS POLICE DISPATCHERS/COMMUNITY SERVICES OFFICERS ASSOCIATION (LBPDCSOA), LOS BANOS FIRE FIGHTERS ASSOCIATION (LBFFA). No reportable action. CALL TO ORDER: of 7:06 p.m. Mayor VillaIta called the City Council Meeting to order at the hour 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 Clerk/Administrative Services Director Mallonee, City Treasurer/Accountant" Brazil, City Manager Carrigan, Police Chief Brizzee, Police Chief Brizzee, Fire Chief Guintini, Assistant Planner Elms, Public Works Director/City Engineer Fachin, Information Technology Director Spalding, Accounting & Budget Supervisor Williams. CONSIDERATION OF APPROVAL OF AGENDA: Motion by Faria, seconded by Silveira to approve the agenda as submitted. The motion carried by the affirmative action of all City Council Members present. 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 spoke to

11 the audience regarding their orderly conduct and respect at the meeting in light of the recent events and investigation; ARMAND BADAL, Los Banos, stated that they want justice, a man shot somebody and he's not in jail, hasn't been arrested or posted bail, plain and simple, we want some type of justice, doesn't understand why the man is free; JESSICA VELASQUEZ, Los Banos, stated that we are here to protest, we want justice for Bidel Tato, we are confused, why was he shot in the back, we want it investigated to the fullest, we are just anxious, trying to be patient but just don't understand... just think if it were your child, we are hurt, we are angry; MICHAEL WILLIAMS, Pastor in town, stated that this is an extremely difficult time for the Tato family, please show them that you are actively working on this case, how this is a prayer community, prayer changes everything, lots of questions being asked, don't be so quick to judge the young and how there is a need to resolve the matter; CORINA TATO, Los Banos, Bidal Tato's mom, stated that she just wants justice for her son, he was shot in the back, ne needs the respect that he deserves, resolve all options to investigate the case, understands that it takes time but would be better for her if she felt the police officers were talking to everyone possible, feels like she is not informed of what is going on, feels like their minds are already made up; LUANNA MEJIA, Los Banos, born and raised in the Los Banos, stated that she taught this young man (Bidal Tato) in youth group, how he was a leader, he was not only attending school but also summer school so that he could go back to high school to graduate with his senior class, how she has three sons and is thankful for Pastor Michael Williams, how her boys play in the band and walk home after practice and wonders if they will be safe, no sure now that she can say that, how her faith and trust have been destroyed, how someone used a gun they should go to prison, the man was not arrested, he was not detained, how we need to get our safety back in our city; STEPHANIE (inaudible last name), Los Banos, stated that California has a law regarding what happened and where do we stand now on the case, how the city knows who the person is, you know the type of gun that was used, why is nothing being done yet, how did you know there was more than one person involved, spoke to an in case scenario regarding the case, she thanked the mayor for helping her with a family situation in the past; SAMUEL MARTINEZ, Los Banos, stated that it said on the news that there is a security camera on the house, but now we have heard there is a second camera and wondered if that was so; RUBEN SANTOS, Los Banos, retired school teacher, stated that he is concerned that parents are concerned that children be safe out there, how his son made a comment about seeing a CHP go by in his neighborhood and wondered if they were patrolling and why the Los Banos Police Department wasn't patrolling, how he just heard that the Police Department got new bikes and cars so why are they not patrolling, feels they are mainly focused on giving tickets to seek revenue, create visibility, where are the Police Officers and how they do not respond quickly enough; MARY LOU EVANS, Los Banos, stated that when the Mayor speaks on priority that's what made her come up and speak, last time she spoke to Bidal was when she had a situation with her daughter and Bidal was looking out for her, he was not robbing and believes that he was just walking by being nosy, how they are not patient, how she grew up here, spoke regarding how on April 9th she made a complaint regarding her daughter, she has asked for help and she's not gotten it, but she is patient and will continue to be patient; VIVIAN MERCADO, Los Banos, stated how they speak as a community of the friends, family, loved ones, we want to be heard, want to recognize

12 Bidal as a young man, someone's son, someone's brother, how Bidal used to come to her house and he was a very open hearted young man, he was a human being, he was 17 years old and there was no reason for him to be shot and killed; MONICA (inaudible last name), Los Banos, Bidal was my cousin and would like them to try their hardest to get justice for him because he didn't deserve what happened; BRITTNEY MANZANEDO, Los Banos, feels like the Los Banos Police Department is disrespecting the youthful generation, how she has family in law enforcement and has the most full respect for officers, how hard she and her brother are taking this, when a cop car drives down our street they look at us with mean faces and disgust, feels it is very disrespectful, asking for respect that we deserve, we have been through a lot, how she is afraid for her young brother, how Bidal didn't deserve what happened to him, wonders if she needs to move to make sure her brother is safe, how she is here to support Tarzan, his family, friends, and her brother who lost a friend; ANTHONY MERCANSON, Los Banos, stated how during the car wash he saw a picture of the Bidel being put in an ambulance and wondered why it was put in the newspaper; NINA (inaudible last name), Los Banos, stated how she was really close with Tarzan, it's really hard to walk down the street, worried about her brother and other people, cops don't make us feel safe, Tarzan did not deserve to be shot in the back; GENEVA BRETT, Los Banos, stated that she's a mom and I can't imagine the anguish and pain that the family is going through, the community has come together, we need to get together and pray; on another note she encouraged all to shop local, to invest in our community and promote Los Banos, continue to pray, how the community trusts the Mayor, she then introduced new Interim Executive Director with the Los Banos Chamber of Commerce, Jerry Knuster; JERRY KNUSTER, Interim Executive Director with the Los Banos Chamber of Commerce, stated that they are still accepting applications for upcoming street fair and tomato festival and invited to community to come visit him and get to know him and give him ideas on what the Chamber of Commerce can do for the community; JULIA LOERA, stated that Bidal was her family, wants to see justice for him, there is a tape on the news where the ambulance came and there is cops, doesn't understand why the footage is not being considered; JENNIFER JOHNSON, Los Banos, stated that she left San Jose to get away from violence, concerned as a mother terrified that our children could be walking home from a friend's house from school and get shot, is worried for her children, feels for the family with this tragedy, it's a terrible thing to happen and live in fear; STANLY SILVA, Los Banos, stated how he really sympathizes with everything he has heard tonight and what they are going through, he then spoke regarding an upcoming meeting at the Los Banos Cemetery on August 19, 2013 at 6:00 PM to discuss items that can or can't be left at the gravesite and encouraged all who may be affected by these changes to attend the meeting and voice their opinion to the board, since this change in management has taken place over there, this has been a very controversial and emotional time; MONA RIVERA, Los Banos, stated that she moved here to raise her daughter, and loves it here, yes this happened, yes this will get resolved, but they need to stop pointing the fingers at the cops, it's not their fault, it takes time, he needs to rest in peace, justice will be served; SUZIE GARCIA, she knew Bidal she was friends with her sons, hopes that justice will be served. No one else came forward to speak and the public forum was closed.

13 The Mayor stated that they were taking a five (5) minute recess. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Lewis, seconded by Silveira to approve the consent agenda as amended: Check Register for # # in the Amount of $7,397,974.29; Minutes for the June 19, 2013 City Council Meeting; Council Resolution No Rejecting the Bid for the Agricultural Gravel Packed Well for the Los Banos Waste Water Treatment Plant; Council Resolution No Amending Division 4 - Salary Schedule - Employee Classifications Relating to Changes to Section D - Public Works Department; Council Resolution No Approving the Expansion of the Merced County Regional Enterprise Zone Boundaries. The motion carried by the affirmative action of all City Council Members present. PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF ANNEXATION AND PRE-ZONE # , PRE-ANNEXATION DEVELOPMENT AGREEMENT, IMPROVEMENT DEFERRAL AGREEMENT AND ASSOCIATED NEGATIVE DECLARATION TO INCORPORATE APPROXIMATELY ONE HALF (V.) ACRE INTO THE CITY OF LOS BANOS FOR THE PROPERTY LOCATED AT BADGER FLAT ROAD, MERCED COUNTY, CALIFORNIA, ASSESSOR'S PARCEL NUMBER ; CITY COUNCIL RESOLUTION NO CERTIFYING THE NEGATIVE DECLARATION FOR THE ANNEXATION AND PRE-ZONE OF THE PROPERTY LOCATED AT BADGER FLAT ROAD, MERCED COUNTY, CALIFORNIA, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER ; ORDINANCE NO AMENDING THE ZONING MAP TO PRE-ZONE APPROXIMATELY ONE HALF (1/2) ACRE LOCATED AT BADGER FLAT ROAD, MERCED COUNTY, CALIFORNIA, FROM COUNTY GENERAL AGRICULTURAL (A-1) TO HIGHWAY COMMERCIAL (H-C) (FIRST READING & INTRODUCTION); ORDINANCE NO AUTHORIZING THE MAYOR TO EXECUTE A PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LOS BANOS AND LB PROPERTY MANAGEMENT LLC RELATIVE TO THE PROPERTY LOCATED AT BADGER FLAT ROAD, MERCED COUNTY, CALIFORNIA, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER (FIRST READING & INTRODUCTION); CITY COUNCIL RESOLUTION NO APPROVING A DEFERRED IMPROVEMENT AGREEMENT BETWEEN THE CITY OF LOS BANOS AND LB PROPERTY MANAGEMENT LLC FOR ASSESSOR'S PARCEL NUMBER ; CITY COUNCIL RESOLUTION NO REQUESTING THE ANNEXATION AND PRE-ZONE OF APPROXIMATELY ONE HALF (1/2) ACRE OF PROPERTY LOCATED AT BADGER FLAT ROAD, IN THE COUNTY OF MERCED, CALIFORNIA, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER Assistant Planner Elms presented the staff report. Mayor Villalta opened the public hearing. No one came forward to speak. Council Member Silveira thanked staff for getting this done, as he sits on the LAFCO Board and understands the need and thanked Mr. Navarro for his request.

14 Motion by Silveira, seconded by Faria to adopt City Council Resolution No Certifying the Negative Declaration for the Annexation and Pre-zone of the Property Located at Badger Flat Road, Merced County, California, More Specifically Identified as Assessor's Parcel Nurnber The motion carried by the affirmative action of all City Council Members present. Motion by Silveira, seconded by Faria to waive the first reading of Ordinance No Amending the Zoning Map to Pre-Zone Approximately One Half (1/2) Acre Located at Badger Flat Road, Merced County, California, From County General Agricultural (A-1) to Highway Commercial (H-C). The motion carried by the affirmative action of all City Council Members present. Motion by Silveira, seconded by Faria to introduce Ordinance No Amending the Zoning Map to Pre-Zone Approximately One Half (1/2) Acre Located at Badger Flat Road, Merced County, California, From County General Agricultural (A-1) to Highway Commercial (H-C). The motion carried by the affirmative action of all City Council Members present. Motion by Silveira, seconded by Faria to waive the first reading of Ordinance No Authorizing the Mayor to Execute a Pre-Annexation Development Agreement between the City of Los Banos and LB Property Management LLC Relative to the Property Located at Badger Flat Road, Merced County, California, More Specifically identified as Assessor's Parcel Number The motion carried by the affirmative action of all City Council Members present. Motion by Silveira, seconded by Faria to introduce Ordinance No Authorizing the Mayor to Execute a Pre-Annexation Development Agreement between the City of Los Banos and LB Property Management LLC Relative to the Property Located at Badger Flat Road, Merced County, California, More Specifically identified as Assessor's Parcel Number The motion carried by the affirmative action of all City Council Members present. Motion by Silveira, seconded by Faria to continue City Council Resolution No. - City Council Resolution No Approving a Deferred Improvement Agreement Between the City of Los Banos and LB Property Management LLC for Assessor's Parcel Number and the public hearing to August 21, The motion carried by the affirmative action of all City Council Members present. Motion by Silveira, seconded by Faria to continue City Council Resolution No Requesting the Annexation and Pre-Zone of Approximately One Half (1/2) Acre of Property Located at Badger Flat Road, in the County of Merced, California, More Specifically Identified as Assessor's Parcel Number and the public hearing to August 21,2013. The motion carried by the affirmative action of all City Council Members present.

15 CONSIDERATION OF APPROVAL OF THE ADOPTION OF CITY COUNCIL RESOLUTION NO AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ACQUISITION PARTNERS OF AMERICA, LLC (ACQUISITION PARTNERS) FOR GENERAL CONSULTING AND GRANT WRITING SERVICES. City Manager Carrigan presented the staff report. John Quiring, President of APA, commended the City Council for taking the initiative to try to find additional funds for the City of Los Banos by the way of grand funding. They feel they have a model based on accountability that works well with much success. They are looking forward to delivering services to the City of Los Banos. Council Member Silveira inquired as to where do they seek the grants, is there a data base. Mr. Quiring gave a brief background on APA's staffing and how they go after grants. Motion by Silveira, seconded by Faria to adopt City Council Resolution No Authorizing the City Manager to Execute a Professional Services Agreement with Acquisition Partners of America, LLC (Acquisition Partners) for General Consulting and Grant Writing Services. The motion carried by the affirmative action of all City Council Members present. ADVISEMENT OF PUBLIC NOTICES. (ONE REPORT) Assistant Planner Elms reported that there will be a public hearing held by the Planning Commission on August 14,2013 at 7:00 p.m. at City Hall in the Council Chambers to consider a Use Permit to allow the operation of a large family day care facility for Little Pathways Preschool & Daycare operated by Lurdes Parra, at 1474 Pintail Circle, APN CITY MANAGER REPORT. City Manager Carrigan stated that he recently received good news on the proposed new Los Banos Court House from Judge McCabe, had the chance to meet with the Los Banos Chamber of Commerce officials to talk about next year's 4th of July and fund raiser ideas to make it bigger and better event, met with the City of Merced to talk about a tax sharing agreeing and how they will be meeting Merced County regarding the tax sharing agreement with them, met with Merced County Executive Officer Jim Brown to talk about a Lead Sharing Program and spoke to how that will work, and just last night attend the City's National Night Out event. CITY COUNCIL MEMBER REPORTS. TOM FARIA: Thanked everyone for all the thought and prayers on the loss of his Mother as that's why he missed the last Council Meeting, attended visitation services for Bill Stenberg from Los Banos Drug who recently passed away, thanked City staff for putting on the Kid's Cook Down Days that he requested, the people so appreciated it, also attended the National Nigh Out event, next week we all head back to school and reminded all to watch out for the kids when traveling and how he is looking forward to the new school year, Choral Program will be getting a very large and magnificent grant to put on the Messiah Program with a professional orchestra, thanked all again for all the support and well wishes during his difficult time, he sent out his condolences, prayers and sympathies to the Tato family during this very difficult time.

16 DEBORAH LEWIS: Welcomed back Council Member Faria after the passing of his mother, she understands how he feels; spoke regarding the National Night Out event and spoke to the history of the event and thanked all who had a part in putting in on or participating, welcomed Mr. Nester as the Interim Executive Director of the Chamber of Commerce, and she also gave her condolences to the Tato family asked the community to come together and support each other to continue to have patience. SCOTT SILVEIRA: Gave his condolences to the Stenberg family, thanks to the Los Banos Police Department during these trying times and he thinks the Police Department is doing a good job, a thankless job; how he is real excited for the new things we are trying to do here with APA to seek out grants, maybe we can offer some of the few services that we used to and he feels it is money well spent if we get one of these grants, could very well be one of the best investments we have ever made. ELIZABETH STONEGROVE: Stated that the City recently held the second Graffiti Clean Up Day of this year and thanks to all that volunteered city staff who helped out, and those who helped out with the supplies. She offered condolences to Bidal's family. MAYOR MICHAEL VILLALTA: Spoke regarding the Take Back the Night event and what a huge success it was last night, need to make it bigger and bigger each year; how the young people here tonight expressed great emotional control, they exercised good judgment, thanked the pastors for their guidance, how we need to involve our young people in positive activity, how graffiti abatement is a great way to take back the day and night and how we need to continue to make it a primary focus, thanked Ms. Stonegrove and her volunteers for these events; the Kids Cool Down was an idea of Mr. Faria's and there have been five of them which were all a great success, how it is a substitute a for a badly needed community pool; welcomed to Jerry Knuster to the Los Banos Chamber of Commerce and would like to help them grow the fireworks show. Mayor Vilialta requested that the City Council go back into closed session to continue discussion on the closed session held prior to the City Council Meeting. Motion by Faria, seconded by Lewis to go back into closed session to continue discussion on the closed session held prior to the City Council Meeting. The motion carried by the affirmative action of all City Council Members present. CLOSED SESSION - CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION , AGENCY DESIGNATED REPRESENTATIVES: CITY MANAGER CARRIGAN, CITY ATTORNEY VAUGHN, CITY CLERK/ADMINISTRATIVE SERVICES DIRECTOR MALLONEE, ACCOUNTING & BUDGET SUPERVISOR WILLIAMS, LEGAL COUNSEL TUFFO: EMPLOYEE ORGANIZATIONS: LOS BANOS POLICE OFFICERS ASSOCIATION (LBPOA), LOS BANOS POLICE SERGEANTS ASSOCIATION (LBPSA), LOS BANOS POLICE DISPATCHERS/COMMUNITY SERVICES OFFICERS ASSOCIATION /LBPDCSOA), LOS BANOS FIRE FIGHTERS ASSOCIATION /LBFFA). No reportable action.

17 ADJOURNMENT. Motion by Faria, seconded by Silveira to adjourn the meeting at the hour of 9:20 p.m. to adjourned to 4:00 p.m., Monday, August 12, 2013 to Consider Approving a Memorandum of Understanding by and between the City of Los Banos and the Los Banos Dispatchers/Community Services Officers Association being held in the Council Chambers, 520 J Street, Los Banos, California. The motion carried by the affirmative action of all City Council Members present. APPROVED: ATTEST: Michael Villalta, Mayor Lucille L. Mallonee, City Clerk

18 LOS Banos (J( Agenda Staff Report TO: FROM: DATE: SUBJECT: Mayor & City Council Members Mark Fachin, PE, Public Works Director/City Enginee/p)1?"I9u)'Ccl~ November 6,2013 Construction Contract Closeout for Congestion Mitigation and Air Quality (CMAQ) Pedestrian and Bike Improvements Project in Los Banos, CML-5160(023) TYPE OF REPORT: Consent Agenda Recommendation: That the City Council adopt the Resolution that would: 1. Accept the project improvements as completed; and 2. Authorize the City Manager to file the "Notice of Completion" for the Congestion Mitigation and Air Quality (CMAQ) Construction Contract of Pedestrian and Bike Improvements in Los Banos, CML-5160(023), with the Merced County Recorder; and 3. Authorize the Public Works Director/City Engineer to release the five percent (5%) retention amount for the Congestion Mitigation and Air Quality (CMAQ) Construction Contract of Pedestrian and Bike Improvements in Los Banos, CML-5160(023), withheld by the City after a thirty-five (35) day period from the date of filing the Notice of Completion with the County Recorder. Background: The City of Los Banos received funding from the Congestion Mitigation and Air Quality (CMAQ) Grant Program. The grant was applied for by the Public Works Department in 2011 and was awarded and programmed for construction during the Federal Fiscal Year. The Public Works Department facilitated the grant, providing the Pre Engineering and Grant Compliance Administration of the project. The Public Works

19 Department also generated and submitted the Improvement Plans and Bid Documents to the Caltrans Division of Local Assistance. Caltrans approved the documents as submitted and the Public Works Department released the Bid Documents on May 24, The Public Works Department received the grant funding to install sidewalks, ADA compliant ramps, striping, and pavement markers to B Street between Wisteria Avenue and Ward Road. Sidewalks were installed mainly on the south side of B Street, with a small sidewalk gap being filled on the north side. The bid opening for this project was held on June 21,2013. The City Council awarded Sinclair General Engineering Construction, Inc. of Oakdale, CA the construction contract on July 17, Discussion: Sinclair General Engineering Construction, Inc. provided the lowest responsive and responsible bid in the amount of $268, The project was completed well within the required completion time of ninety (90) consecutive calendar days after the date of the Notice to Proceed Issuance. The contract was awarded by the City Council on July 17, 2013 in the amount of $268,776.00, with a 10% contingency of $26, The following is a breakdown in actual construction costs including authorized contract change orders: Construction Contract (Adjusted) Change Order # 1 (Additional Work) Project Construction Contract Total $268, $ 3, $271, The project is now completed and ready to file the Notice of Completion. Fiscal Impact: The fiscal impact for this CMAQ Grant Funded Project is 88.53% funded by CMAQ, with 11.47% funded by City Transportation Funds. The total amount of the project that was earmarked for the grant was $313,000.00, of which the City would provide the 11.47% local match of $35, The Public Works Department projects that the entire project, which includes Pre Engineering, Bidding Process, Construction Contract, Contract Administration, and Project Closeout, will use the $313,

20 Initially, the City will pay for all costs and submit invoices to Caltrans Division of Local Assistance for reimbursement of 88.53% percent ($277,099.00) of project costs. The 11.47% City match of $35, has been funded through the Streets Division Fiscal Year Budget Account # Reviewed by: Steve Carrigan, City Manager Attachments: Resolution Notice of Completion Fiscal Year Budget Sheets

21 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS ACCEPTING THE CONGESTION MITIGATION AND AIR QUALITY (CMAQ) PROJECT CML-5160(023) AS COMPLETE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION WITH THE MERCED COUNTY RECORDER WHEREAS, on June 21, 2013 the City of Los Banos received competitive bids for the construction of the Pedestrian and Bike Improvements Project in Los Banos; and WHEREAS, on July 17, 2013 the City Council awarded the Construction Contract to Sinclair General Engineering Construction, Inc. for the construction of the Pedestrian and Bike Improvements Project in Los Banos; and WHEREAS, upon final inspection, the Public Works Director/City Engineer has determined that all work has been completed in compliance with plans and specifications, and in accordance with the approved contract. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby: 1. Accept the work as complete; and 2. Authorize the City Manager to file the Notice of Completion on the Pedestrian and Bike Improvements Project in Los Banos with the Merced County Recorder within ten (10) days after acceptance; and 3. Authorize the Public Works Director/City Engineer to release the Five Percent (5%) retention on the Pedestrian and Bike Improvements Project in Los Banos held in Escrow after thirty-five (35) days from the date of filing the Notice of Completion. The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of November 2013, by Council Member who moved its adoption, which motion was duly seconded by Council Member and the Resolution adopted by the following vote: AYES: NOES: ABSENT: 1

22 APPROVED: Michael Villalta, Mayor ATTEST: Lucille L. Mallonee, City Clerk 2

23 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: CITY OF LOS BANOS 520 '1' Street Los Banos, California NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: I. That the interest ofestate stated in paragraph 3 below in the real property hereinafter described is owned by the following: NAME STREET AND NO. CITY STATE OF LOS BANO,..S,,5"2,0,..'..,1'... S,.tr,,e,,;e.t,,,.,..,B.a.,n;.o.,..s..... C,a. lifornia 2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses ofall the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, ifthere is more than one owner, are set forth in the preceding paragraph. 3. That the nature ofthe title ofsaid owner, or ifmore than one, then ofsaid owner and co-owner is: In Fee. 4. That on the 17th day ofoctober 2013 a work ofimprovement on the real property hereinafter described was completed. 5. That the name ofthe original contractor, ifany, for such work ofimprovement was _ Sinclair General Engineering Construction, Inc. (Ifno contractor for work ofimprovement as a whole, insert "No Contractor.") 6. That the real property herein referred to is situated in the --'Ce!it"'y'-'o"'f"'L"'o"'s"'B"'an"""o"'s _ County of Merced State ofcalifornia, and is described as follows: The project entitled, Construction of Pedestrian and Bike Improvements in Los Banos - Congestion Mitigation and Air Quality (CMAQ) CML-5 I60(023) I declare under penalty ofperjury under the laws ofthe State ofcalifornia that the foregoing is true and correct. Date: Place: Los California C,.,.C CITY OF LOS BANOS Owner By:. St"v"c:.;;:;.;g~~;'C;tYM~,;~g"r. Steve Manager

24 State ofcalifornia } } County ofmerced } On this day of before me,, a Notary Public in and for said State, personally appeared, personally known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrumentthe person(s), or the entity upon behalfofwhich the person(s) acted, executed this instrument. WITNESS my hand and official seal. Signature ofnotary Public (Notary Seal)

25 City oflos Banos Traffic Impact Fee - Fund 230 Road - Department 430 Construction - Activity 220 Special Revenue Funds AdoptedBudget Actual Actual Projected Adopted.... til til til til ill I tfjjj 238 Technical Services $19,617 $8,342 $1,700 $15,000 Supplies & Services $19,617 $8,342 $1,700 $15, Road Construction I Imp. $0 $6,658 $166,907 $790,000 Capital Outlay $0 $6,658 $166,907 $790,000 Total: Construction $19,617 $15,000 $168,607 $805,000 Total: Traffic Impact Fee $19,617 $15,000 $168,607 $805,000 CMAQ/SR2S Grant - Fnnd 249 Road - Department 43(f" Maintenance - Activity 210 1f 715 Street Improvements $0 $0 $3,822 $301, MonitorlDetectlTest Equip , , Specialized Equipment ,000 Capital Outlay $0 $0 $134,622 $1,202,846 Total: CMAQ/SR2S Grant $0 $0 $134,622 $1,202, "..... fill '" fill $iii -.. ~......~..,.. filii.....

26 ..~,:l:?> lit...- ITraffic Impact Fee SERVICES & SUPPLIES 238-TECHNICAL SERVICES: Services provided by outside vendors in the support of capital projects for traffic master plan and other traffic related issues. CAPITAL OUTLAY 716- ROAD CONST.IIMPROVEMENTS: Reimbursement for Master Plan Related Improvements installed by developments. The design and construction ofmaster Plan related improvements installed by the City. Traffic Signal for San SR165 $750, lid lid.,!cmaqlsr2s Grant CAPlTALOUTLAY ~ 715-STREET IMPROVEMENTS: Los Banos Schools Street Improvements - Grant Award amount is $313, Approximately $4,000 is still needed for PE design. The City match for PE is $500 (J 1.47%). Approximately $269,825 will be used for construction. The City match for the construction amount is $34, MONITORJDETECT/TEST EQUIPMENT: 7 1h Street Crosswalk and Speed Radar Signs - Grant Award amount is $263, The purchase and installation of 14 speed radar signs within selected school speed zones. All 100% ofthe grant award is reimbursable. 753-SPECIALIZED EQUIPMENT: Dump Truck - Grant Award amount is $150,000. Grader - Grant Award amount is $245,000. Loader - Grant Award amount is $150,000. A grant to improve the air quality in California by replacing two emissions in-efficient backhoes in the city inventory with two PM- I0 efficient backhoes. The awarded grant is $224,000. The federal reimbursement ofthat amount is 88.53% or $198,307 and the local match is 11.47% or $25,

27 LOS Banos Agenda Staff Report TO: FROM: DATE: SUBJECT: Mayor &City Council Members Mark Fachin, P.E., Public Works Director/City Engineer' )')/)C<..)1 /)-c..1:j!/, November 6, 2013 Out of Boundary Service Agreement (Water) with Cammerino and Martha Munoz TYPE OF REPORT: Consent Agenda Recommendation: That the City Council adopt the Resolution authorizing the City Manager to enter into an Out of Boundary Service Agreement for Water Service with Cammerino and Martha Munoz. Property address is Henry Miller Road. Assessor's Parcel Number is Discussion: The los Banos Public Works Department received a request to provide water service to Henry Miller Road (APN # ), which is a private residence. The property owners, Cammerino and Martha Munoz, have made the water service request. This residential address is located outside the City limits, east of Mercey Springs Road. The property is in the general area that other Out of Boundary Service Agreements with the City have been granted. This property has a ground water well located on the property, however, the property owner has been providing potable water through mobile bottled water companies for drinking and other uses. The well has not historically provided good quality water, and recent water test results indicate that there are a number of contaminants that do not meet current State Water Quality Maximum Contaminant levels (MCl's). The Public Works Department, after a review of water quality testing results, endorses the application for a water service connection.

28 The property owner has requested that the City allow a connection to the existing City water main located on Henry Miller Road which abuts the property. The property is in the immediate vicinity of three (3) other "Out of Boundary" water services with current water service accounts. The water service installation would require minimal construction improvements at the property owners' expense. The owner will be subject to pay a City Water Connection Fee based on a one-inch service size. All construction needed to install the water service will be required to meet City of Los Banos standards. The allowance of the water service within the County is subject to LAFCO approval; and if Council approves the request, the owner will move forward to request LAFCO approval. The City Attorney prepared the attached Out of Boundary Service Agreement. Fiscal Impact: The addition of water services to the City of Los Banos water system continues to burden the system. However, the water connection fee paid by the property owner goes toward future infrastructure projects specified in the Water System Master Plan. The property owner will also be required to pay water service rates as currently applicable. Reviewed by: Attachments: Resolution Out of Boundary Service Agreement

29 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS AUTHORIZING THE CITY MANAGER TO EXECUTE AN OUT OF BOUNDARY SERVICE AGREEMENT (APN ) WHEREAS, pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, a city may by resolution adopted by its legislative body, make a proposal to provide new or extended services by contract or agreement outside its jurisdictional boundaries; and WHEREAS, the Property Owner owns the real property located at Henry Miller Road, Los Banos, Merced County, California outside the Los Banos city limits and within the City's Sphere of Influence (APN ) currently improved with one (1) private residence; and WHEREAS, the Property has no potable water source; and WHEREAS, the Property Owner desires to connect the residence located on the Property to City of Los Banos water service; and WHEREAS, the Property Owner has authorized the City of Los Banos to process an application to Merced County LAFCO for approval of a proposal for out of area agreement in order to provide potable water for the Property pursuant to the Cortese Knox-Hertzberg Local Government Reorganization Act of 2000; and WHEREAS, the Property Owner shall sign an Out of Boundary Service Agreement prior to the Out of Boundary Service Application being submitted to LAFCO and reimburse the City for all costs associated with the LAFCO application and processing fees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos 1. This City Council does authorize the submittal of the application for the out of area agreement in order to provide potable water for the Property; 2. The City Council finds that the provision of the out of area water supply will provide potable water to existing developed parcel and will promote the public health and safety; 1

30 3. The proposal is to provide water supply to an existing facility. There are no proposed changes in land use or other environmental impacts related to this approval. Therefore, the proposed project is categorically exempt from environmental review pursuant to of the CEQA Guidelines. BE IT FUTHER RESOLVED that the City Manager is authorized to execute the Out of Boundary Water Supply Agreement in the form presented herewith. The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6 th day of November 2013, by Council Member who moved its adoption, which motion was duly seconded by Council Member and the Resolution adopted by the following vote: AYES: NOES: ABSENT: APPROVED: ATTEST: Michael Villalta, Mayor Lucille L. Mallonee, City Clerk 2

31 OUT OF BOUNDARY SERVICE AGREEMENT BETWEEN THE CITY OF LOS BANOS AND CAMMERINO M. MUNOZ AND MARTHA A. MUNOZ (APN ) THIS AGREEMENT is made and entered into November -,2013, between the CITY OF LOS BANOS, a California Municipal Corporation, herein referred to as "City", and CAMMERINO M. MUNOZ AND MARTHA A. MUNOZ, husband and wife, owners ofcertain property located in the unincorporated territory of the County of Merced, herein referred to collectively as "Owner". WHEREAS, Owner owns the property located in the unincorporated territory of the County of Merced that is described and depicted in the legal description attached hereto marked Exhibit "A" and by this reference incorporated herein and referred to as "the Property" more commonly known as Henry Miller Road, Los Banos, CA 93635; and WHEREAS, the Property is currently improved with one single family residence herein referred to as "the Property Improvements"; and WHEREAS, Owner has applied to City for authorization to connect the Property Improvements to the potable water system that is owned and operated by City for the benefit of properties located within the boundaries ofthe City; and WHEREAS, in accordance with California Government Code 56133, City is authorized to provide potable water service to propertylocatedoutside ofthe incorporated territory; and WHEREAS, City has detennined that Owner's use of the Property for the Property Improvements described herein conforms to the applicable provisions of the City of Los Banos Municipal Code herein referred to as the "Code"; and WHEREAS, by this Agreement, Owner undertakes to comply with all other requirements and agrees to all other covenants provided for in the Code and other policies of the City that constitute further conditions on the provision of City water service to property located outside of the service area ofthe City. NOW, THEREFORE, City agrees to provide potable water service to the Property, and Owner agrees to accept potable water service on the Property from City subject to all of the conditions set forth herein: 1. OWNER'S USE OF WATER. The City water service provided pursuant to this Agreement shall be used on the Property for the Property Improvements described herein an.d for no other purpose. The parties specifically understand and agree that the City is unc;ler no obligationto provide waterservices beyond the scope as defined inthis paragraph 1. 1

32 2. WATER MAIN EXTENSIONS; OTHER PUBLIC FACILITIES. Connection of the Property Improvements to the City water system shall be made in conformance with the applicable Code, Water, and Construction Standards, and with any other City policies or requirements applicable thereto. In the event a water main extension or other public facilities are required in order to connect the Property Improvements to the City water system, Owner shall cause such main extension or other facilities to be constructed and installed at Owner's sole cost and expense, and in accordance with plans and specifications approved by the City's Public Works Director and/or City Engineer. 3. WATER METER REQUIREMENTS. The size of the water supply system for the Property and Property Improvements shall not exceed the size ofa system that can be connected to and metered by a I-inch water meter. 4. WATER CHARGES. Owner shall be subject to and pay all applicable user charges, rates, and fees as are in effect at the time of the service, as set forth in the Code and all implementing Resolutions, as may be amended from time to time, without regard for its location outside the boundary ofthe City. Owner shall be subject to the same charges, rates, and fees assessed to other similar classes of use for the use of water services located within the City boundaries without regard for its location outside the boundary ofthe City. 5. WATER FEES. Owner shall pay all applicable water fees in accordance with the Code and all implementing Resolutions, as may be amended from time to time, without regard for its location outside the boundary ofthe City, including but not limited to connection fees and water development fees as are in effect at the time of actual connection to City's water system. Owner shall be subject to the same charges, rates, fees assessed to other similar classes ofuse for the use of water services located within the City boundaries without regard for its location outside the boundaryofthe City. 6. REIMBURSEMENT OF CITY COSTS. Owner shall reimburse City for all actual and reasonable costs incurred by the Cityrelating to Owner's request for water services including but not limited to City's staff time, review of calculations, plans, specifications, cost estimates, property descriptions and right-of-ways, CEQA compliance, necessary LAFCO application, legal expense, and inspection ofthe improvements. In addition, Owner shall reimburse City for all actual and reasonable costs incurred by the City relating to the annexationofthe Property (as set forth in paragraph 8) including but not limited to City's staff time, property descriptions and right-of-ways, CEQA compliance, necessary LAFCO application, and legal expense. 7. ADDITIONAL CONDITIONS OF WATER SERVICE. Owner agrees to comply with all system wide regulations now or hereafter adopted by City bearing on the provision ofpotable water to property and improvements connected to City water system, specifically including, but not limited to, the system wide regulations adopted in the Code and all implementing Resolutions, including but not limited to City's water conservation regulations. Owner shall be subject to the same regulations as other similar classes of use for the use of water services located within the City boundaries without regard for its location outside the boundary of the City. 2

33 In addition, Owner agrees that the water service provided pursuant to this Agreement is being provided on an "as available" basis. Owner understands that in a time ofwater shortages, City will be entitled to reduce or even interrupt such water service, all as determined by City in its sole discretion. Water service to said property is conditioned on the approval by the Merced County Local Agency Formation Commission ("LAFCO") in the manner required by Section of the California Govermnent Code. In the event that the LAFCO imposes conditions on the extension ofservice to the Property, which in the sole discretion ofthe City are unacceptable, the City shall have no responsibilityto provide said service and mayterminatethis Agreement. 8. ANNEXATION OF THE PROPERTY TO CITY. In the event the Property is contiguous to incorporated boundaries ofcity on the date this Agreement is executed and meets all other statutory standards required to annex the Property to the incorporated territory of City, or in the event the Property becomes contiguous to the incorporated boundaries of City subsequent to the date this Agreement is executed and meets all other statutory standards required to annex the Property to the incorporated territory of City, Owner will not oppose nor protest any proceedings commenced by City, either before City or LAFCO, to annex the Property to the incorporated territoryofcity. Owner understands and agrees that this Agreement, and the covenants contained herein, is intended to be and shall act as a complete and irrevocable waiver of all rights to protest annexation of the Property to the incorporated territory of City pursuant to the provisions of the Cortese -Knox Local Govermnent Reorganization Act of2000 (commencing with Section of the California Govermnent. Code), or any other law of the State of California pertaining to City annexation proceedings, whether or not such protest rights are sought to be exercised as an owner of property that is the subject of annexation proceedings or as a registered voter residing on property that is the subject ofannexation proceedings. Owner also agrees that any lease, rental agreement or other agreement, including a deed, hereafter executed by Owner, or any person succeeding to Owner's interest in the fee title to the Property or any part thereof, that grants to a natural person or persons the right to possess and occupy the Property or any part thereof as a personal residence, shall contain the following covenant: "This Agreement and the right of lessee or tenant to possess and occupy the property leased or rented pursuant to this Agreement shall be subject to the provisions of the Out of Boundary Service Agreement that was executed and recorded against this Property at the time of and as a condition of connecting the Property to the water system owned and operated by the City of Los Banos. That Agreement contains a complete and irrevocable waiver of any legal right to protest annexation of the Property leased or rented pursuant to this Agreement to the incorporated territory of the City of Los Banos, and is binding on all persons possessing or occupying such Property. That Agreement will preclude any person possessing and occupying the Property leased or rented pursuant to this Agreement from protesting annexation of such property to the incorporated 3

34 territory of the City of Los Banos either before the Merced Local Agency Formation Commission, the City Council of the City of Los Banos, or in any other manner authorized by the laws of the State of California pertaining to City annexation proceedings." 9. VIOLATIONS. In the event City water service is being utilized on the Property or for the Property Improvements in violation of the provisions of this Agreement, including any condition on the provision of water service to the Property or the Property Improvements incorporated by reference into this Agreement, City shall cause notice of the violation to be served on the Owner, the person( s) succeeding to Owner's interest in the Property or thatportion of the Property in violation of this Agreement, or the occupant(s) of the Property or portion of the Property in violation ofthis Agreement. The notice of violation shall be served by first class mail addressed to such person(s) at their last known address, as evidenced by the mailing address of the last paid city water and wastewater service bill. The notice shall describe the nature of the violation and provide such person(s) with at least 15 days from the date ofthe notice to cure the violation. In the event, such person(s) fails to cure the default withinthe time set forth in the notice of violation, the City's Public Works Director shall discontinue water service to the Property without further notice until such time as the violation has been cured. A waiver by City of a violation of any provision of this Agreement shall not be deemed a waiver of any subsequent violation ofthe same or a similar provision, regardless ofwhether the violation is ofthe same or a similar character. 10. RECORDATION; COVENANT RUNNING WITH THE PROPERTY. Owner understands and agrees that the City shall record this Agreement against the Property and this Agreement will run with the Property and each part thereof until terminated in the manner provided herein, and shall be binding on all persons or legal entities succeeding to Owner's interest in and to the Property or any part thereof. 11. AGREEMENT TERMINATION. This Agreement and all of Owner's duties and obligations hereunder shall terminate upon annexation of the Property to the incorporated territory of City, in that such time, Owner shall become entitled to receive City water service on the Property subject to the same terms and conditions as any other owner of property located within the incorporated territoryofcity. 12. ENTIRE AGREEMENT. This Agreement represents the entire agreement between City and Owner regarding the provision of City water service to the Property and lor Property Improvements. No verbal agreement or representation regarding this Agreement or city water and wastewater service provided pursuant to this Agreement shall be held to vary the provisions of this Agreement. 4

35 IN WITNESS WHEREOF, City and Owner have executed this Agreement on the dates set forth below. CITY OF LOS BANOS, A California municipal corporation Date: ATTEST: CITY CLERK by: STEVE CARRIGAN, City Manager Lucille L. Mallonee, City Clerk APPROVED AS TO FORM: William A. Vaughn City Attorney Date: pf;/t;bu bl/uj!'7;; ~{yj ffltrrn () fi1. mfi{ no 7::? ~fafj;juo / (Signatures must be notarized] 5

36 CALlFIII.A ALL PIIPOIE AGlIO.LEIIIEI' Slatu of GaIfOrnia ClIuIItY Of Morelli October 31, 2013 On ---~-'-'-'---'-.::..:..::..:-_-- before me, Sandra Benetti, Nota Public personally appeared --'.-wu..wl..+..ll-.wl-i-f-j.-f-il-j-ipoh4'-'r:--&\----'-f.hf+-++-i"1,-j-:-!-';,.+fwi+lh.l~ o proveil to me on e basis 0 satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he.lslie,lthey executed the same in hisaier/their authorized capacity(ies), and that byhis/,aerltheir signature on the instrument the person(s), or the entity(ies) upon behalfofwhich the person(s) acted, executed the instrument. SANDRA BENETTI Commission # ~._. Notary Public Calnomla Merced County ~ 1..""..».M ~otnli :x~r:s :U2 2.a}~1at I certify under PENALTY OF PERJURY under the laws ofthe State ofcalifornia that the foregoing paragraph is true and correct. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could preventfraudulent removal and reattachment ofthisform to another document. Description ofattached Document Title or Type ofdocument: -\J'UO/.l---"+--l:. l.ui\-!-\.ill'u.jlf-"-"''-l...!..j...-'-'-'+'c:><.'-j.~ldj''-'------l Document Date: ,,1-::-----::.:- Signers' Names: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney offact o Trustee o Guardian or Conservator Other: o Signer Is Representing: ~"J1-V?c _

37 EXHIBIT A LEGAL DESCRIPTION Real property In the City of Los Banos, County ofmerced, State ofcalifornia, described as follows: PARCEL 1 IN THE COUNTY OF MERCED, STATE OF CAUFORNJA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 36 OF MAPS, PAGE 18, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND BEING A PORTION OF SECTION 1, TOWNSHIP 10, SOUTH, RANGE 10 EAST, M.D.B. & M. AND PART OF SECTION 36, TOWNSHIP 9 SOUTH, RANGE 10 EAST, M.D.B. EXCEPTING THEREFROM FIFTY PERCENT (50%) OF ALL OIL, GAS AND MINERAL RIGHTS ON THE PROPERTY ABOVE DESCRIBED FOR A MINIMUM TERM OF TWELVE YEARS. IN THE EVENT THAT DRILUNG HAS NOT COMMENCED FOR OIL, GAS AND OTHER MINERALS PRIOR TO TWELVE YEARS FROM THE DATED HEREOF, THEN AND AT THAT TIME THE SELLERS AGREE TO REUNQUISH THEIR INTEREST WHICH THEY RESERVED HEREIN. IF DRILUNG HAS COMMENCED AND OIL AND GAS HAVE BEEN DEVELOPED AND THE WELLS ARE PRODUCING THEN THE FIFTY PERCENT.WHICH IS RESERVED BY SELLERS SHALL CONTINUED IN FULL FORCE AND EFFECT FOR AS LONG A PERIOD OF TIME AS OIL OR GAS IS PRODUCED, AS RESERVED IN A DEED FROM CARMEN ARGURA, ET AL, RECORDED FEBRUARY 11, 1953, IN BOOK 1081, PAGE 294, OFFICIAL RECORDS. APN:

38 LOS Banos Agenda Staff Report TO: FROM: DATE: SUBJECT: Mayor and City Council Members Ray Reyna, Police Commander November 6,2013 Police Department awarded $29, California Office of Traffic Safety DUI Checkpoint Grant TYPE OF REPORT: Consent Agenda Recommendation: Approve the acceptance of the California Office of Traffic Safety DUI checkpoint grant, number SC14240, in the amount of $29, for Fiscal Year and approve an increase in City expenditures and revenues in the amount of $29, for Fiscal Year Discussion: The Police Department has applied for and been awarded a one-year California Office of Traffic Safety (OTS) assistance grant in the amount of $29, According to the grant award document, this funding must be used to conduct seven DUI checkpoint operations during the period from October 1, 2013 to September 30, The budget for this grant, including account numbers, are as follows: Revenues: State Grant: Expenditures: Overtime: Benefits: Materials and Supplies: $29, $26, $2, $1,300.00

39 Fiscal Impact: Revenues and expenditures for Fiscal Year will increase in the amount of $29, A portion of this grant will extend into the 2014 year as the grant cycle will end on September 30,2014. Reviewed by: ~s~ Steve Carrigan, City Manager Attachments: Office of Traffic Safety Award Document Resolution

40 .~...-!...~ The Regenls ofthe University of California,,'" School ofpublic Health, Berkeley,, i,. 0 with Primary Funding from the California Office oftraffic Safety ~ : 1. Title of Program '"... GRANT SOBRIETY CHECKPOINT GRANT PROGRAM FOR GRANT NUMBER SC Name of Applicant Agency 4. Period of Grent LOS BANOS, CITY OF Month - Day - Year 3. University ofcalifornia Berkeley, Safe Transportation Research and Education Center From: 10/01/13 DAVID RAGLAND, PRINCIPAL INVESTIGATOR, UC BERKELEY SAFE TRANSPORTATION RESEARCH AND EDUCATION CENTER To: 09/30/14 G. Description of Program The goal 01 the Sobriety Checkpoint Grant Program lor is to reduce the number ofvictims killed and injured in alcohol involved crashes in participating cities. The period of this grant contract ("contract"), October 01, 2013 to September 30, 2014, encompasses two nationai mobilization periods: the Winter Holiday Mobilization period, December 13, 2013-Janual}' 01, 2014, and the Labor Day Mobilization period, August 15, 2014 September The Loe Banos Police Deparlment will conduct sobriety checkpoints In Los Banos in accordance with Ihis contract. The contract includes the alleched Schedule A - Descriptions. Schedule B - Delalled BUdget Eslimete, Schedule B-1 - Budget Narrative, and Schedule C Terms and Condilions. 6. Federal Funds Allocated Under This Grant Shall Not Exceed' $29, Approval Signatures (By signing this page. Agency agrees to the terms and conditions which follow and are attached) A. The Regents ofthe University ofcalifornia Authorized B. Authorizing Official For ApplicantAgency Signature Name' Davtd Ragland Phon.: (510) Name: Ray Reyna Phone: (209) x 134" Title: Director, SafeTREC Fax: (510) Title: Police Commander Fax: (209) Addre : UC Berkeley Addre : 945 5th Street Safe Transporlatlon Research end Education Cenier Los Banos, CA Dwight Way #7374 Berkeley, CA davidr@berkeley.edu ray.reyna@losbanos.org <-,z:=;'p, 1-1}-1] G-----~ ~tp (Signeture) (Oete) (Signeture) (Oa C. Agency Office Authorized to Receive Payments D. Opllonal: Individuals Authorized to Sign Claims (In addition to the Authorizing Official For Applicant Agency) Agency: Los Banos, City of Phone: (209) Name: Gary Brizzee Title: Police Chief x 151" Office: Finance Department Addr.ss: 520 J Street Los Banos, CA I)~j- Nam.: Chet Stygar (Signature) 9,L.~ /J (Date) Title: Police Commander Tax ID #: Contact Person: Rosemarie Souto rosemarie.souto@losbanos.org (Signature) (Date) Page 1 REEtIV O SEP

41 Los Banos, City of Schedule A Description Sobriety Checkpoint Grant Program for Grant No. SC14240 GOALS 1. To reduce the number of victims killed in alcohol-involved crashes. 2. To reduce the number of victims injured in alcohol-involved crashes. 3. To reduce nighttime (2100 hours to 0259 hours) fatal crashes. 4. To reduce nighttime (2100 hours to 0259 hours) injury crashes. 5. To reduce hit and run fatal crashes. 6. To reduce hit and run injury crashes. AGENCY OBJECTIVES 1. To conduct a total of 7 sobriety checkpoints by September 30,2014 (should be a minimum of one checkpoint per mobilization). NOTE: If a department elects to combine a Driver License (DL) checkpoint with a sobriety checkpoint, the department should: 1) inform the public (via the press release) that driver licenses will be checked and 2) conduct DUI/DL checkpoint operations with signs reading, "DUI/Driver License Checkpoint Ahead". To better identify and apprehend drug-impaired drivers in addition to alcohol-impaired drivers, it is highly recommended that all personnel assigned to staff the greeting lane of the checkpoint be Drug Recognition Experts (DREs) and/or Advanced Roadside Impaired Driving Enforcement (ARtDE) trained sworn officers. At the very minimum, all officers contacting drivers In the greeting lane should be National Highway Trallic Safety Administration (NHTSA) Standardized Field Sobriety Test (SFST) trained and certified. To maximize effecllveness, checkpoint operations may be conducted at more than one location on any evening. Each checkpoint should be highly publicized and visible. The Office oftraffic Safety (OTS) does not fund orsupport Independent DL checkpoints. Only on an exception basis and with ors pre-approval willors fund checkpoint operations that begin priorto 1800 hours. When pracllcable it Is recommended that checkpoint operations run until 0300 hours. 2. If appropriate, a supervisor(s) should attend OTS-sponsored "DUI Checkpolnls - Planning and Management" eight-hour, POST-certified training by December 31,2013. Officers are ancouraged to attend this training as well. 3. To collect and report checkpoint statistics on-line for checkpoints conducted during the Winter and Labor Day mobilization periods and submit the data by the deadlines established by the Safe Transportation Research and Education Center (SafeTREC). 4. To collect and report checkpoint statistics on-line for checkpoints conductad outside the mobilization periods and to submit the data by the end of the applicable quarter(s). page 2

42 Los Banos, City of Grant No. SC14240 Schedule A Description (continued) Sobriety Checkpoint Grant Program for MEDIA OBJECTIVES 1. After the statewide kick-off press event. Issue a press release announcing the kick-off of this grant, using the OTS kick-off press release template provided by SafeTREC. 2. During the mobilization periods (December 13 - January 1 and August 15 - September 1), if an AVOID media campaign is active in the county, grantee should notify the AVOID Coordinator of checkpoint locallons, dates and times at least fourteen (14) days in advance of all planned checkpoints. The AVOID Coordinator should issue press releases Including checkpoints conducted during the mobilization periods to all major media outlets In the region. 3. For each checkpoint operation, grantee should distribute a separate press release using the OTS template provided by SafeTREC unless multiple checkpoints are to be conducted within a seven (7) day period, in which case one press release covering the seven (7) day period that covers all oparations will suffice. When using the OTS press release template provided by SafeTREC, grantee should forward press releases, media advisories, alerts and other press materials to SafeTREC concurrently with distribution to the media. If any other press release format or copy is used, grantee should submit the press release to the OTS Public Information Officer at oio@ots.ca.gov for his review. Optimum lead-time would be days prior to the operation. The approved press release should also be sent to SafeTREC. For post-operational media communications that report the results of checkpoints, grantee does not need to have the release approved by OTS. 4. Grantee should use OTS's tagline "Report Drunk Drivers. Call 911" on all news releases and checkpoint publication materials. 5. To use the following standard language In all press, media, and printed materials: "Funding for this program was provided by a grant from the California Office oftraffic Safety, through the National Highway Traffic Safety Administration." 6. Grantee should Issue to the media a post-operational news release reporting the results of the checkpoint (do not submit to OTS media communlcalions reporting the results of checkpoints). Any drug-impaired driving arrests (23152(a» and other drug arrests (possession, transportation, for sale) made as the result of the checkpoint operation should be incorporated into the post-operational media release. METHOD OF PROCEDURE Phase 1: Program Preparation (October 1, December 12, 2013) 1. Review the contract to ensure compliance with contract provisions. 2. Notify SafeTREC of any changes in contact information. The contract, purchase order number, and Fact Blasts are emalted to the contact person listed in the agency application. 3. Attend OTS-sponsored "DUI Checkpoints - Planning and Management" eight-hour, POST-certified training by December 31, Plan checkpoint staffing, e.g., supervisors, officers, clerical staff, or community service officers as needed to staff each sobriety checkpoint on an overtime basis. 5. Send a written request to SafeTREC to seek approval of any changes to grant funded work or detiverables. 6. Order grant approved checkpoint supplies, ifapplicable. page 3

43 Los Banos, City of Schedule A Description (continued) Sobriety Checkpoint Grant Program for Grant No. SC14240 Phase II: Mobilization (December 13, January and August 15, September ) 7. After the statewide kick-onpress event in December. grantee should issue a press release announcing the kick-off of this grant using the OTS kick-off press release template provided by SafeTREC. 8. If an AVOID media camraign is active in the county. grantee should notify the AVOID Coordinator of checkpoint locations. dates and times a least fourteen (14\ days In acivance of all planned checkpoints. The AVOID Coordinator should issue press releases including checkpofnts conducted during the mobilization periods to ell mejor media outlets in the region. 9. For each checkpoint operatlonkgrantae should distribute a separate press release using the OTS template provided by SafeTREC unless multiple chec points are to be conducted within a seven (71 day period In which case one press release covering the seven (7) day period that covers all operations will suffice. When using (he OTS press release template provided by SafeTR.EC, grantee should forward press releases. media advisories. alerts, ana other press materials to SafeTREC concurrently with distribution to the media. If an other ress release format or copy is used, grantee should submit the press release to the OTS Public Informa Ion lcer a 10 0 s.ca. ov or his review. OpIimum lead-time would be days prior to the operation. The approved press release sua so e sent to SafeTREC. For post-operational media communications ttiat report the results of checkpoints. grantee does not need to have the release approved by OTS. 10. Use OTS's tagline, 'Report Drunk Drivers. Call 911" on all news releases and checkpoint publication materials. 11. Conduct roll call training. Roll call training costs are not reimbursable. 12. To beuer identify and apprehend drug-impaired drivers in addition to elcohol-impaired drivers, it is highly recommended that alf personnel assigned 10 staff the greeting lane of the checkpoint be Dr\J9 Recognition Experts (OREs) and/or Advanced Roadside Impaired Driving Enforcement (ARIDE/ trained sworn officers. Al the very minimum, all officers contacting drivers In the greeting lane should be NHTSA SFST rained and certified. 13. Begin the checkpoint no earlier than 1800 hours and ifpossible and practicable, operate the checkpoint until 0300 hours. 14. Conduct the last checkpoint no later than September 30, Phase III: Post Operational Data Reporting (at the end of each mobilization period and each applicable calendar quarter) 15. Submit post-operational data on-line for checkpoints conducted during the Winter Holiday end Labor Day mobilizations. Submit data by the SafeTREC deadlines Submit post-operational data on-line for checkp.oints conducted outside the mobilization eriods. Submit the data by the end 9fthe llpp.llcable quarter. Ifmultiple checkpoints are conducte u I qua er, su anze(total) the checkpoint statistics. 17. Issue to the media a post-operational news release reporting the results of the checkpoint. Any drug-impaired driving arrests (23152(a» and ottier drug arrests (possession, transportation, for sale) made as the result of the checkpoint operation should be incorporated into the post-operational media release. Phase IV: Claim Submission (at the end of the applicable calendar quarter) 18. Compile actual overtime and checkpoint supply costs incurred for operating the grant-funded checkpoints. 19. Download the claim form from the SafeTREC web site at: htlp:/iwww.safetrec.berkeley.edu/checkpointgrants/2013_2014checkpoint.htmi 20. Complete the claim form for the applicable quarter in accordance with Schedule 8 - Detailed BUdget Estimate and Schedule Budget Narrative. 21. Mali the claim forms for the quarter, with the re~uired supporting documentation (specified in Schedule B-1) to SafeTREC following the end of the applicable calendar quarter. page 4

44 Los Banos, City of Schedule B - Detailed Budget Estimate Sobriety Checkpoint Grant Program for Grant No. SC14240 The Los Banos, City of will conducl e tolal of 7 sobriely checkpoints In Los Banos as described in Table B below. Table B Number of Checkpoints Cost Per Checkpoint Total Cosl Winter Holiday Mobilization, December 13, January 01,2014 (should be a minimum of one checkpoint) 1 $4, $4, Labor Day Holiday Mobilization, Augusl15, 2014 September 01, 2014 (should be a minimum of one checkpoint) 1 $4, $4, Number of checkpoints outside the mobilization periods 5 $4, $20, Total Number of Checkpoints Maximum Reimbursable Amount for Checkpoints The cost per checkpoint Includes overtime benefits. Only actual benefits accrued from overtime hours will be covered (e.g., retirement, medicalldentallvislon insurance, uniform allowances will not be covered). Allowable benefits Include: Social Security (OASDI), Workers Compensation, Medicare, Siale-run disability, and unemployment insurance. Maximum Reimbursable Amount for Checkpoint Supplies Only OTS-approved supplies will be reimbursed. The prices ofsupplies will be reimbursed In accordance wilh policies established by Ihe OTS. Grant Total Amount (Maximum ReImbursable Amount for Checkpoints + Maximum Reimbursable Amount for Checkpoint Supplies) page 5

45 Los Banos, Cily of Schedule B-1 - Budget Narrative Sobriety Checkpoint Grant Program for Grant No. SC14240 Los Banos, City ofwill be reimbursed for overtime personnel costs and checkpoint supplies to conduct the checkpoints. Overtime reimbursement will reflect actual costs (overtime hourly rate and overtime benefit rates) of the personnel conducting the appropriate operatlon(s) up to the amount of the approved cost per checkpoint end the grant total stated in Schedute B- Detailed Budget Estimate. Only actual benefits accrued from overtime hours will be covered (e.g., retirement, medical/dental/vision insurance, uniform allowances will not be covered). Allowable benefits include: Social Security (OASDI), Workers Compensation, Medicare, State-run disability, and unemployment Insurance. Budgeted grant activities will be conducted by personnel on an overtime basis; supplanting is not allowable. The grant covers only the costs of police department personnel. Grants do not cover contractual services. Grant-funded operalions may be conducted by personnel such as an officer, sergeant, corporal, deputy, communiiy service officer, dispatcher, clerical/administrative, etc. depending on the titles used by the agency. Personnet will be deployed as needed to accomplish the grant goals and objectives. Administrativeiclerical personnet are allowable only ifthey worked on the checkpoint openation, e.g., to process the larger than normal volume ofcitations, lowing records, and arresuincldent reports. These reports must be a result of the operation and required to be processed quickly for distribution to the courts and the District Attorney's Office, or to meet statutory time limils. Clerical overtime incurred before the checkpoint or more than one business day after the last day of the checkpoint is not allowable. Costs for preparing claims are not reimbursable. OTS-approved checkpoint supplies (cones, slgnage, vests, PAS devices/supplies and lighting equipment) are reimbursable provided that: 1) the total cost of supplies, InclUding tax and shipping, does not exceed the awarded amount specified in Schedule B; and 2) the unit prices of checkpoint supplies do not exceed OTS established unit costs. Download the Checkpoint Supply Policy from the SafeTREC website to ensure compliance of checkpoint supply purchases. Other direct costs are not reimbursable, except for OTS-approved checkpoint supplies. Indirect costs are not reimbursable. Reimbursements are contingent upon the following (exceptions must be approved by SafeTREC): i. The applicable post-openational data have been submilted using SafeTREC's on-line reporting system. ii. The claim form is correctly filled out, using the SafeTREC Excel-based form. Iii. The claim amounts do not exceed the limits set forth in Schedule B -Delailed Budget Estimate. iv. The Information In the overtime slips and the ledger report are consistent and fully support the claim. v. A ledger report(s) supporting the claim amount is attached to the claim. Only source documents are accepted to support the claim amount. Explanatory documentation such as spreadsheets may be submitted to provide addilional information but cannot be accepted in lieu of a ledger report(s). vi. An invoice(s) for the amount of checkpoint supplies is attached to the claim. The invoice must contain a sufficient description of the purchased Item(s), quantity, and unit cost. vii. The claim Is signed by the Authorizing Officiel (Box B of the grant cover page) or Individuals Aulhorized to Sign Claims (Box D) as designated In the grant cover page. viii. Changes in the Authorizing Official For the Applicant Agency or the designation of any other additional indlvldual(s) to sign claims are documented in accordance with SafeTREC documentation requirements. ix. The final claim Is submitted no later than October 31, page 6

46 Los Banos, City of Schedule C Terms and Conditions Sobriety Checkpoint Grant Program for Grant No. SC14240 A,INDEMNIFICATION Applicant Agency agrees to indemnify, defend, and save harmless the State of California, its officers, agents, and employees, the Regents of the University of California. its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers. and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulling to any person, firm, or corporation who may be injured or damaged by Applicant Agency in the performance of this contract. B. GOVERNING LAW This Contract shall be governed by and construed In accordance with the laws ofthe State of California. C, NON ASSIGNABILITY The obligations of the applicant agency under this Contract are not assignable to any third party. D. USE OF UNIVERSITY NAMEITRADEMARKS Applicant Agency shall not use the name of the University of California, or any abbreviation thereof. or any name of which "University ofcalifornia" is a part, or any trademarks ofthe University. In any commercial context. such as may appear on products. in media (including web sites) and print advertisements In cases when such use may imply an endorsement or sponsorship of the Applicant Agency, its products, or services. All uses of the University's name and trademarks, Iherefore, must first receive prior writlen consent of The Regenls ofthe University of California through the Office of Marketing & Business Outreach. This polley is In compliance with the State of California Education Code Seclion E. TERMINATION Each party has the right to suspend, terminate or abandon the execution of any work by the Applicant Agency without cause at eny lime upon giving prior wrltlen notice. In the event that this contract Is suspended, terminated, or abandoned, the Regents of the University of California shall pay the Applicant Agency for services provided hereunder prior to the effective date of said suspension, termination, or abandonment. Said payment shall be computed in accordance with Schedules B and B-1, provided that the maximum amount payable to the Applicant Agency for its services shall not exceed the Grant Total Amount on Schedule B for services provided hereunder prior to the effective date of suspension, termination, or abandonment. F. STATE OF CALIFORNIA TERMS, CONDITIONS, AND CERTIFICATIONS Applicant Agency agrees to abide by the General Terms, Condillons, and Certilicalions contained in OTS Grant Program Manual, Chapter 8. page 7

47 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS APPROVING THE ACCEPTANCE OF A $29,300 DUI CHECKPOINT GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) AND AMENDING THE BUDGET BY INCREASING THE APPROPRIATION AMOUNT OF THE STATE GRANT FUND ACCOUNT FOR EXPENDITURES AND REVENUES IN THE AMOUNT OF $29,300 WHEREAS, careless and intoxicated drivers are among the most serious hazards on our public roadways; and WHEREAS, through enforcement action and high visibility law enforcement efforts, the Los Banos Police Department can reduce the number of alcohol related incidents which cause death or serious injuries; and WHEREAS, the Los Banos Police Department has applied for and been awarded a $29, grant through the California Office of Traffic Safety (OTS) to conduct DUI checkpoints within the City of Los Banos. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the acceptance of the Office of Traffic Safety grant in the amount of $29,300.00, beginning October 1, 2013 and ending September 30,2014, to assist in the enforcement of alcohol related crimes and increase the appropriation limit for revenues in the amount of $29,300.00; and expenditures in the amount of $29, within the State Grant Fund. The budget for this grant, including account numbers is as follows: Revenues: State Grant: Expenditures: Overtime: Benefits Materials and Supplies $29, $26, $2, $1, The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6 day of November 2013, by Council Member who moved its adoption, which motion was duly seconded by Council Member and the Resolution adopted by the following vote: 1

48 AYES: NOES: ABSENT: APPROVED: ATTEST: Michael Villalta, Mayor Lucille L. Mallonee, City Clerk 2

49 Telephone Law Offices of WILLIAM A. VAUGHN 525J Street, Suite A Los Banos, CA Facsimile 209~ MEMORANDUM DATE: TO: CC: FROM: November 6,2013 Mayor and City Council City Manager William A. Vaughn, City Attorney Lucille L. Mallonee, City Clerk lana R. Sousa, Assistant City Clerk RE: City Commissions/Code Reorganization Introduction: In early 2008 the City Council made significant changes to the City Commissions in reference to: the City Commission appointment process to allow for a more open and inc1usionary process for each Commission; the length of terms for each Commission was changed from four years to two years; and term limits were established for each Commission with a maximum offour consecutive terms. Now five years down the road the City has experienced administrative concerns in being able to effectively and efficiently attract persons willing to commit the time and effort that is required to sit on one ofthe City Commissions. There are currently six Commissions established by ordinance; Los Banos Area Parks and Recreation (seven members); Los Banos Planning Commission (seven members); Los Banos Youth Assistance Commission (Inactive); Los Banos Airport Advisory Commission (five members); Los Banos Cultural Heritage Commission (Inactive); Los Banos Commission for Culture and the Arts (Inactive). In addition the City has established two Committees: the Los Banos Tree Committee (five members); and the Los Banos Economic Development Advisory Committee (eleven members). There is a third Committee, the Measure P Oversight Committee, however that Committee is governed by the provisions ofthe Measure P enabling ordinance and is not a subject ofthis staffreport. Discussion: City staff has reviewed each ofthe current active and inactive Commissions and the two above identified Committees with the goal of I) providing a recommendation concerning a more efficient and economical way offilling vacant positions on City Commissions and Committees; 2) providing a recommendation concerning inactive Commissions; 3) and reorganizing and updating the Municipal Code pertaining to Commissions.

50 Re: Memo City Commissions/Code Reorganization November 6,2013 Page 2 Staff presented the following recommendations to the City Council at its regular meeting ofaugust 21, 2013 I. Eliminate the Los Banos Youth Assistance Commission, Los Banos Cultural Heritage Commission, Los Banos Commission for Culture and the Arts. 2. Reduce the number of Parks and Recreation Commission members from seven to five by eliminating the Countyand School Districtappointed members. 3. Elevate the status of the Economic Development Advisory Committee to that of a Commission and reduce the number ofmembers from eleven to seven, two of which are members of the City Council and one being the Executive Director of the Los Banos Chamber ofcommerce. 4. Eliminate term limits to allow those willing to serve to continue to serve if appointed by the City Council. 5. Elevate the status ofthe Tree Committee to that ofa Commission. 6. Reorganize and update the provisions oftitle 2 Chapter 2 ofthe Code as it relates to Commissions and Boards. After the presentation and discussion by the City Council, Staff was given direction to proceed with the recommended changes and to bring back an Ordinance for consideration by the City Council. In connection with the elimination ofthe County and School District appointments to the Parks and Recreation Commission, the City Manager contacted Supervisor O'Banion and Superintendent Tietgen. Supervisor O'Banion has no objection to the elimination ofthe County appointed members. Currently there is no County appointed members serving on the Commission. Superintendent Tietgen expressed concern over eliminating the School District appointee to the Commission. In light of the joint use agreements between the City and the School District (for the use of recreational facilities) as well as the opportunity to coordinate recreational programs (adult swim being an example), Staff recommends not eliminating the School District appointee would be appropriate. Currently there is one School District appointee serving on the Commission. However, Staff is recommending that the process for that appointment be changed. Instead of the School District making the appointment directly to the Commission, Staff recommends that the Ordinance be amended so that one of the members of the Commission is nominated by the School District for recommendation by the Mayor to the City Council. The difference being that the member is actually appointed by the City Council and not the School District and the member would have the same responsibilities and obligations as the other members ofthe Commission (except for the application process). Those changes are set forth in Sections and C ofthe Municipal Code. On October 16, 2013 the City Council introduced the proposed Ordinance with all ofthe recommended changes outlined above (including maintaining the School District nominee to the Parks and Recreation Commission). Additionally, so that there is an orderly transition for current members of the affected Commissions and Committees, the effective date of the Ordinance has been set for January 1,2014. Finally, after introduction Staffdiscovered three

51 Re: Memo City Commissions/Code Reorganization November 6,2013 Page 3 clerical errors in the proposed Ordinance that was introduced. These clerical changes have been corrected. Two ofthe changes are to the Organization sections ofthe Tree Commission (Sec ) and the Economic Development Advisory Commission (Sec ) striking the words "The Commission shah adopt rules and regulations for its own proceedings." One of the goals of the proposed Ordinance was to standardize to the extent possible each of the commissions. Staff inadvertently left in this language ofthese two commissions which is inconsistent with the other commissions. The other clerical change is in Sec which changes the time of make-up meetings of the Airport Advisory Commission to 5:00 p.m. which inadvertently read "6:00 p.m." instead of5:00 p.m. California Government Code section ahows corrections oftypographical or clerical errors without re introductionofthe proposed Ordinance. Recommendation: Waive the second reading and adopt the Ordinance. Attachments: Clean document Appointments Policy Local Appointments List

52 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LOS BANOS REORGANIZING AND UPDATING THE CITY'S MUNICIPAL CODE RELATIVE TO CITY COMMISSIONS AND COMMITTEES SPECIFICALLY AMENDING TITLE 2 CHAPTER 2 OF THE LOS BANOS MUNICIPAL CODE The City Council of the City of Los Banos does ordain as follows: Section 1. The title to Article 1 of Title 2 Chapter 2 of the Los Banos Municipal Code ("Code") shall be renamed to read "Los Banos Parks and Recreation Commission". Section 2. read as follows: Section of the Los Banos Municipal Code is amended to Sec Established. There is hereby established the Los Banos Parks and Recreation Commission (hereinafter referred to in this Article as Commission). Section 3. Section of the Code is renumbered to section and amended to read as follows: Sec Powers and Duties. The Commission shall have the following powers and duties: (a) To promote and encourage and coordinate all matters of public recreation, whether specified in this article or not, in the City; (b) To act in an advisory capacity to the City Council on the acquisition, development, operation, and maintenance of parks, playgrounds, and recreation centers and facilities for the public; (c) To plan, program, and encourage civic beautification by public agencies and private property owners when such activities relate to recreation and parks; (d) To make recommendations to the City Council regarding changes and improvements in the areas set forth in this section; (e) To consider the annual budget for parks and recreation during the process of its preparation and make recommendations thereon to the City Council; (f) To assist in the planning of recreation programs for the community, promote and stimulate public interest therein, and to that end solicit to the fullest extent possible the cooperation of the County, the Los Banos Unified School District, and other public and private agencies interested therein; (g) To advise and recommend to the City Council regarding the construction, acquisition, and maintenance of recreational facilities; 1

53 (h) To have all other powers granted to it by the provisions of Sections of the California Education Code; and (i) To perform other related duties as directed by the City Council. Section 4. Existing section of the Code is renumbered to section and amended to read as follows: Sec Members: Appointment and Qualifications. The Commission shall consist of five members. Except as set forth herein, candidate[s) for appointment shall be recommended to the City Council by the Mayor, with input from a Council Member, selected by the City Council on a rotating basis, and the Public Works Director who shall form an ad hoc committee to review applications, interview applicants, and evaluate the candidates for recommendation by the Mayor to the City Council. One of the members shall be recommended to the City Council by the Mayor, by nomination from the Los Banos Unified School District. At the time of appointment to the Commission and throughout his or her term each Commissioner shall be a resident of the City of Los Banos and a registered, qualified elector of the City. Section 5. Existing section of the Code is renumbered to section and amended to read as follows: Sec Members: Terms. Each Commissioner shall serve a term of two years. Terms of office shall be staggered and not more than three Commissioners shall have terms that end in the same year. A member's term of office shall expire on December 31 st of the second year of his or her respective term. Section 6. Existing section of the Code is renumbered to section and amended to read as follows: Sec Members: Reappointment and Vacancies. A. If a Commission member ceases to reside in the City of Los Banos such Commissioner's position shall be declared vacant. B. If a member of the Commission is absent without cause from three successive regular meetings of the Commission, the Commission or the City Manager may request the City Council declare the position vacant. A member is not absent without cause if his/her absence is due to illness, or is unavoidable and the member gives notice to city staff before the meeting that he/she will be absent and the reason for the absence. 2

54 C. A member of the Commission shall not automatically be reappointed to a successive term of office. A member desiring reappointment shall be required to make formal application and in the case of the Los Banos Unified School District member said member shall be required to be re nominated by the Los Banos Unified School District for reappointment. If a vacancy shall occur otherwise than by the expiration of a term the vacancy shall be filled as set forth in Section , for the unexpired portion of the term. Section 7. Existing section of the Code is repealed. Section 8. Section of the Code is amended to read as follows: Sec Members: Removal from office. Any appointive member of the Commission may be removed from the Commission by a majority vote of the City Council. Section 9. Section of the Code is amended to read as follows: Sec Members: Resignations. A member of the Commission may resign from the Commission by filing a written statement with the City Clerk stating that he or she resigns from the Commission. The resignation shall become effective at the time of filing such written statement, and such member shall thereupon cease to be a member of the Commission, and a vacancy shall exist. Section 10. Section of the Code is amended to read as follows: Sec Compensation. Members of the Commission shall serve without compensation. Section 11. Section of the Code is amended to read as follows: Sec Organization. The first meeting in January of each year shall be the organization meeting. Immediately after appointment and qualification, the Commission shall organize by electing one of its members as chairperson, who shall be charged with the orderly conduct of the meetings, and one as vice-chairperson, to assume such duties in the absence of the chairperson, who both shall serve for one year. Section 12. Section of the Code is amended to read as follows: Sec Meetings. 3

55 Regular meetings shall be held on the third Tuesday of each calendar month at 6:00 p.m. in the City Council Chambers located at 520 J Street in the City. If any regular meeting day falls on a City holiday, the meeting shall be held on the following regular City business day at 6:00 p.m. Section 13. Section of the Code is amended to read as follows: Sec Quorum. Three members of the Commission shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time. Section 14. Existing Section of the Code is renumbered to section and amended to read as follows: Section Secretary to the Commission. The Public Works Director, or his or her designee, shall serve as secretary to the Commission. Section 15. Code are repealed. Sections , , , , and of the Section 16. Section of the Code is amended to read as follows: Sec Established. Pursuant to the provisions of Chapter 3 of Title 7 of the Government Code of the State, there is hereby established the Los Banos Planning Commission (hereinafter referred to in this Article as Commission). Section 17. Section of the Code is renumbered to section and amended to read as follows: Sec Powers and Duties. Except as otherwise provided in this article, the provisions of Chapter 3 of Title 7 of the Government Code of the State of California relating to the powers and duties of members of Planning Commissions, and of Planning Commissions as bodies, and the rules of procedure and other provisions in said Title 7 shall govern and control the Planning Commission of the City. Section 18. Existing section of the Code is renumbered to section and amended to read as follows: 4

56 Sec Members: Appointment and Qualifications. The Commission shall consist of seven members. Candidate[s] for appointment shall be recommended to the City Council by the Mayor, with input from a Council Member, selected by the City Council on a rotating basis, and the Community Development Director, who shall form an ad hoc committee to review applications, interview applicants, and evaluate the candidates for recommendation by the Mayor to the City Council. At the time of appointment to the Commission and throughout his or her term each Commissioner shall be a resident of the City of Los Banos and a registered, qualified elector of the City. Section 19. Existing section of the Code is renumbered to section and amended to read as follows: Sec Members: Terms. Each Commissioner shall serve a term of two years. Terms of office shall be staggered and not more than four Commissioners shall have terms that end in the same year. A member's term of office shall expire on December 31 st of the second year of his or her respective term. Section 20. Existing section of the Code is renumbered to section and amended to read as follows: Sec Members: Reappointment and Vacancies. A. If a Commission member ceases to reside in the City of Los Banos such Commissioner's position shall be declared vacant. B. If a member of the Commission is absent without cause from three successive regular meetings of the Commission, the Commission or the City Manager may request the City Council declare the position vacant. A member is not absent without cause if his/her absence is due to illness, or is unavoidable and the member gives notice to city staff before the meeting that he/she will be absent and the reason for the absence. C. A member of the Commission shall not automatically be reappointed to a successive term of office. A member desiring reappointment shall be required to make formal application. If a vacancy shall occur otherwise than by the expiration of a term, the vacancy shall be filled as set forth in Section , for the unexpired portion of the term. Section 21. Existing section of the Code is repealed. Section 22. Section of the Code is amended to read as follows: 5

57 Sec Members: Removal from office. Any appointive member of the Commission may be removed from the Commission by a majority vote of the City Council. Section 23. Section of the Code is amended to read as follows: Sec Members: Resignations. A member of the Commission may resign from the Commission by filing a written statement with the City Clerk stating that he or she resigns from the Commission. The resignation shall become effective at the time of filing such written statement, and such member shall thereupon cease to be a member of the Commission, and a vacancy shall exist. Section 24. Section of the Code is amended to read as follows: Sec Compensation. Members of the Commission shall serve without compensation. Section 25. read as follows: A new Section is added to be numbered and titled and to Sec Organization The first meeting in January of each year shall be the organization meeting. Immediately after appointment and qualification, the Commission shall organize by electing one of its members as chairperson, who shall be charged with the orderly conduct of the Commission meetings, and one as vice-chairperson, to assume such duties in the absence of the chairperson, who both shall serve for one year. Section 26. Section of the Code is amended to read as follows: Sec Meetings. Regular meetings of the Commission shall be held on the second and fourth Wednesdays of each calendar month at 7:00 p.m. in the City Hall Council Chambers located at 520 J Street in the City. If any regular meeting day falls on a City holiday, the meeting shall be held on the following regular City business day at 7:00 p.m. Section 27. read as follows: A new Section is added to be numbered and titled and to 6

58 Sec Quorum Four members of the Commission shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time. Section 28. read as follows: A new Section is added to be numbered and titled and to Sec Secretary to the Commission. The Community Development Director, or his or her designee, shall serve as secretary to the Commission. Section 29. Article 3 of Title 2, Chapter 2 is repealed in its entirety. Section 30. A new Article 3 of Title 2, Chapter 2, Sections through is added to be numbered and titled to read as follows: Sec Established. Article 3. Los Banos Tree Commission There is hereby established the Los Banos Tree Commission (hereinafter referred to in this Article as Commission). Sec Powers and Duties. The Commission shall have the following powers and duties: (a) To develop and maintain an effective City forestry program; (b) To develop and maintain an updated street tree list; (c) To develop an effective maintenance and replacement program for trees; (d) To develop a historical tree list; (e) To develop an educational program whereby community residents understand the nature and value of trees and learn the best ways to take care of them; (f) To develop and maintain a commercial tree canopy program that provides the required shade canopy; (g) To recognize businesses and individuals who have been instrumental in promoting the City's urban forest; (h) To promote the planting of trees in the community as part of the City's commitment to being designated a Tree City USA; (i) To make recommendations to the Los Banos Parks and Recreation Commission on items regarding the City's urban forest; and G) To perform other related duties as directed by the City Council. Sec Members: Appointment and Qualifications. 7

59 The Commission shall consist of five members. Candidate(s) for appointment shall be recommended to the City Council by the Mayor, with input from a Council Member, selected by the City Council on a rotating basis, and the Public Works Director, who shall form an ad hoc committee to review applications, interview applicants, and evaluate the candidates for recommendation by the Mayor to the City Council. At the time of appointment to the Commission and throughout his or her term each Commission Member shall be a resident of the City of Los Banos and a registered qualified elector of the City. Sec Members: Terms. Each Commission Member shall serve a term of two years. Terms of office shall be staggered and not more than three Commission Members shall have terms that end in the same year. A member's term of office shall expire on December 31 st of the second year of his or her respective term. Sec Members: Reappointment: Vacancies. A. If a Commission member ceases to reside in the City of Los Banos such commissioner's position shall be declared vacant. B. If a member of the Commission is absent without cause from three successive regular meetings of the Commission, the Commission or the City Manager may request the City Council declare the position vacant. A member is not absent without cause if his/her absence is due to illness, or is unavoidable and the member gives notice to city staff before the meeting that he/she will be absent and the reason for the absence. C. A member of the Commission shall not automatically be reappointed to a successive term of office. A member desiring reappointment shall be required to make formal application. If a vacancy shall occur otherwise than by the expiration of a term, the vacancy shall be filled as set forth in Section , for the portion of the unexpired term. Sec Members: Removal from office. Any appointive member of the Commission may be removed from the Commission by a majority vote of the City Council. Sec Members: Resignations. A member of the Commission may resign from the Commission by filing a written statement with the City Clerk stating that he or she resigns from the Commission. The resignation shall become effective at the time of filing such written 8

60 statement, and such member shall thereupon cease to be a member of the Commission, and a vacancy shall exist. Sec Compensation. Members of the Commission shall serve without compensation. Sec Organization. The meeting in February of each year shall be the organization meeting of the Commission. Immediately after appointment and qualification, the Commission shall organize by electing one of its members as chairperson, who shall be charged with the orderly conduct of the Commission meetings, and one as vicechairperson, to assume such duties in the absence of the chairperson, who both shall serve for one year. Sec Meetings. Regular meetings of the Commission shall be held on the second Wednesday in February, May, August, and November at 5:00 p.m. in the City Hall Council Chambers located at 520 J Street in the City. If any regular meeting day falls on a City holiday, the meeting shall be held on the following regular City business day at 5:00 p.m. Sec Quorum Three members of the Commission shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time. Sec Secretary to the Commission. The Public Works Director, or his or her designee, shall serve as secretary to the Commission. Section 31. Article 4 of Title 2, Chapter 2 is repealed in its entirety. Section 32. A new Article 4 of Title 2, Chapter 2, Sections through is added to be numbered and titled to read as follows: Article 4 Economic Development Advisory Commission Sec Established. There is hereby established the Los Banos Economic Development Advisory Commission 9

61 Sec Powers and Duties. The Los Banos Economic Development Advisory Commission shall have the following powers and duties: (a) To act in an advisory capacity to the City Council of the City of Los Banos and Community Development Department staff on matters pertaining to economic development plan and strategy; (b) To provide input for the General Plan updates relating to economic development; (c) To provide input to help improve the economic well-being of the City of Los Banos through efforts that create jobs, retain jobs, increase the tax base and enhance the quality of life, this includes efforts to revitalize, retain and recruit businesses and to revive, develop and support existing business areas; (d) To provide a forum for enhancing ideas and information and for addressing the business and economic needs of the community; (e) To provide input to assist with the expansion and diversity of the economic base ofthe City; (f) To make recommendations to and respond to formal requests made on business and economic development issues; and (g) To provide support and ideas on marketing strategies in relation to business and economic development. The functions and duties of the Commission shall not be construed as preempting or otherwise interfering with the functions, duties or responsibilities of the City Council, or other commissions, boards or offices as mandated by law or City ordinance. Sec Members: Appointment and Qualifications The Commission shall consist of seven members. Four of the members shall be at large members appointed by the City Council as follows: Candidate[s) for appointment shall be recommended to the City Council by the Mayor, with input from a City Council Member, selected by the City Council on a rotating basis, and the Community Development Director, who shall form an ad hoc committee to review applications, interview applicants, and evaluate the candidates for recommendation by the Mayor to the City Council. The Commission at large membership shall be drawn from a broad spectrum of applicants and should include business people as well as community members. One of the seven members shall be the Executive Director of the Los Banos Chamber of Commerce as an ex officio member. Two of the seven members shall be City Council Members recommended to the City Council by the Mayor. Sec At Large and City Council Commission Members: Terms. Each At Large and City Council Commission Member shall serve a term of two years. Terms of office shall be staggered and not more than three Commission 10

62 Members shall have terms that end in the same year. An At Large and City Council Commission member's term of office shall expire on December 31 s t, of the second year of his or her respective term. Sec At Large Members: Reappointment and Vacancies. A. If a member of the Commission is absent without cause from three successive regular meetings of the Commission, the Commission or the City Manager may request the City Council declare the position vacant. A member is not absent without cause if his/her absence is due to illness, or is unavoidable and the member give notice to city staff before the meeting that he/she will be absent and giving the reason for the absence. B. An At Large member of the Commission shall not automatically be reappointed to a successive term of office. A member desiring reappointment shall be required to make formal application. If a vacancy shall occur otherwise than by the expiration of a term, the vacancy shall be filled as set forth in Section , for the unexpired portion of the term. Sec Members: Removal from Office. Any appointive member of the Commission may be removed from the Commission by a majority vote of the City Council. Sec Members: Resignations. A member of the Commission may resign by filing a written statement with the City Clerk stating that he or she resigns from the Commission. The resignation shall become effective at the time of filing such written statement, and such member shall thereupon cease to be a member of the Commission, and a vacancy shall exist. Sec Compensation. Members of the Commission shall serve without compensation. Sec Organization. The meeting in January of each year shall be the organization meeting of the Commission. Immediately after appointment and qualification, the Commission shall organize by electing one of its members as chairperson, who shall be charged with the orderly conduct of the Commission meetings, and one as vicechairperson, to assume such duties in the absence of the chairperson, who both shall serve for one year. Sec Meetings. 11

63 Regular meetings of the Commission shall be held on the third Monday of each calendar month at 4:00 p.m. in the City Hall Council Chambers located at 520 J Street in the City. If any regular meeting day falls on a City holiday, the meeting shall be held on the following regular City business day at 4:00 p.m. Sec Quorum. Four members of the Commission shall constitute a quorum for the transaction of business. Sec Secretary of the Commission. The Community Development Director, or his or her designee, shall serve as secretary to the Commission. Section 33. Section of the Code is amended to read as follows: Sec Established. There is hereby established the Los Banos Airport Advisory Commission (hereinafter referred to in this Article as Commission). Section 34. Existing section of the Code is renumbered to section and amended to read as follows: Sec Powers and Duties. The Commission shall have the following powers and duties: (a) To study, consider, and develop long-range plans for the ultimate development of the Los Banos Municipal Airport, giving due regard to any Master Plan adopted by the City, and to Federal and State regulations; (b) To ascertain the type of service to be rendered and keep abreast of developments in the aviation industry so as to be able to inform the City Council on all pertinent matters concerning airports, airport law, and aviation generally; (c) To study and recommend on matters relating to airport improvements, including methods of financing and lease arrangements; (d) To review and recommend on special permits and proposals, as required, that deviates from the airport development plan; (e) To submit to the City Council such plans as may seem desirable for the present and future operation of the Los Banos Municipal Airport; (f) To at least once each year report activities to the City Council and make information available to other commissions and officials of the City as required; (g) To coordinate planned activities with other agencies not under the jurisdiction of the City; and (h) To perform other related duties as directed by the City Council. 12

64 Section 35. Existing section of the Code is renumbered to section and amended to read as follows: Sec Members: Appointment and Qualifications. The Commission shall consist of five members. Candidate[s] for appointment shall be recommended to the City Council by the Mayor, with input from a City Council Member, selected by the City Council on a rotating basis, and the Public Works Director, who shall form an ad hoc committee to review applications, interview applicants, and evaluate the candidates for recommendation by the Mayor to the City Council. At the time of appointment to the Commission and throughout his or her term each Commissioner shall be a resident of the City of Los Banos and a registered, qualified elector ofthe City. Section 36. Existing section of the Code is renumbered to section and amended to read as follows: Sec Members: Terms. Each Commissioner shall serve a term of two years. Terms of office shall be staggered and not more than three Commissioners shall have terms that end in the same year. A member's term of office shall expire on December 31 st of the second year of his or her respective term. Section 37. Existing section of the Code is renumbered to section and amended to read as follows: Sec Members: Reappointment and Vacancies. A. If a Commission member ceases to reside in the City of Los Banos such Commissioner's position shall be declared vacant. B. If a member of the Commission is absent without cause from three successive regular meetings of the Commission, the Commission or the City Manager may request the City Council declare the position vacant. A member is not absent without cause if his/her absence is due to illness, or is unavoidable and the member gives notice to city staff before the meeting that he/she will be absent and the reason for the absence. C. A member of the Commission shall not automatically be reappointed to a successive term of office. A member desiring reappointment shall be required to make formal application. If a vacancy shall occur otherwise than by the expiration of a term, the vacancy shall be filled as set forth in Section , for the unexpired portion ofthe term. 13

65 Section 38. Existing section of the Code is repealed. Section 39. Section of the Code is amended to read as follows: Sec Members: Removal from office. Any appointive member of the Commission may be removed from the Commission by a majority vote of the City Council. Section 40. Section of the Code is amended to read as follows: Sec Members: Resignations. A member of the Commission may resign from the Commission by filing a written statement with the City Clerk stating that he or she resigns from the Commission. The resignation shall become effective at the time of filing such written statement, and such member shall thereupon cease to be a member of the Commission, and a vacancy shall exist. Section 41. Section of the Code is renumbered to section and amended to read as follows: Sec Compensation. Members of the Commission shall serve without compensation. Section 42. Existing section of the Code is renumbered to section and amended to read as follows: Sec Organization. The meeting in January of each year shall be the organization meeting. Immediately after appointment and qualification, the Commission shall organize by electing one of its members as chairperson, who shall be charged with the orderly conduct of the Commission meetings, and one as vice-chairperson, to assume such duties in the absence of the chairperson, who both shall serve for one year. Section 43. Section of the Code is renumbered to section and amended to read as follows: Sec Meetings. Regular meetings of the Commission shall be held on the third Tuesday of each calendar month at 5:00 p.m. in the City Hall Council Chambers located at 520 J 14

66 Street in the City. If any regular meeting day falls on a City holiday, the meeting shall be held on the following regular City business day at 5:00 p.m. Section 44. Existing Section of the Code is renumbered to section and amended to read as follows: Sec Quorum. Three members of the Commission shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time. Section 45. Existing Section of the Code is renumbered to section and amended to read as follows: Sec Secretary to the Commission. The Public Works Director, or his or her designee, shall serve as secretary to the Commission. Section 46. Article 6 of Title 2, Chapter 2 is repealed in its entirety. Section 47. Article 7 of Title 2, Chapter 2 is repealed in its entirety. Section 48. To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed. Section 49. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that anyone or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective. Section 50. The proposed amendments to the Los Banos Municipal Code do not propose any changes to city policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that this ordinance amendment is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant 15

67 effect on the environment pursuant to CEQA guidelines section 15601(b)(3) and is not subject to environmental review. Section 51. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption or January 1, 2014 whichever is later. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. Introduced by Council Member and seconded by Council Member on the day of, Passed on the day of, 2013 by the following vote: AYES: NOES: ABSENT: Council Members APPROVED: Michael Villalta, Mayor ATTEST: Lucille L. Mallonee, City Clerk 16

68 Sec Established. Article 1. Los Banos Parks and Recreation Commission There is hereby established the Los Banos Parks and Recreation Commission (hereinafter referred to in this Article as Commission). Sec Powers and Duties. The Commission shall have the following powers and duties: (a) To promote and encourage and coordinate all matters of public recreation, whether specified in this article or not, in the City; (b) To act in an advisory capacity to the City Council on the acquisition, development, operation, and maintenance of parks, playgrounds, and recreation centers and facilities for the public; (c) To plan, program, and encourage civic beautification by public agencies and private property owners when such activities relate to recreation and parks; (d) To make recommendations to the City Council regarding changes and improvements in the areas set forth in this section; (e) To consider the annual budget for parks and recreation during the process of its preparation and make recommendations thereon to the City Council; (f) To assist in the planning of recreation programs for the community, promote and stimulate public interest therein, and to that end solicit to the fullest extent possible the cooperation of the County, the Los Banos Unified School District, and other public and private agencies interested therein; (g) To advise and recommend to the City Council regarding the construction, acquisition, and maintenance of recreational facilities; (h) To have all other powers granted to it by the provisions of Sections of the California Education Code; and (i) To perform other related duties as directed by the City Council. Sec Members: Appointment and Qualifications. The Commission shall consist of five members. Except as set forth herein, candidate[s] for appointment shall be recommended to the City Council by the Mayor, with input from a Council Member, selected by the City Council on a rotating basis, and the Public Works Director who shall form an ad hoc committee to review applications, interview applicants, and evaluate the candidates for recommendation by the Mayor to the City Council. One of the members shall be recommended to the City Council by the Mayor, by nomination from the Los Banos Unified School District. At the time of appointment to the Commission and throughout his or her term each Commissioner shall be a resident of the City of Los Banos and a registered, qualified elector of the City. 1

69 Sec Members: Terms. Each Commissioner shall serve a term of two years. Terms of office shall be staggered and not more than three Commissioners shall have terms that end in the same year. A member's term of office shall expire on December 31 st of the second year of his or her respective term. Sec Members: Reappointment and Vacancies. A. If a Commission member ceases to reside in the City of Los Banos such Commissioner's position shall be declared vacant. B. If a member of the Commission is absent without cause from three successive regular meetings of the Commission, the Commission or the City Manager may request the City Council declare the position vacant. A member is not absent without cause if his/her absence is due to illness, or is unavoidable and the member gives notice to city staff before the meeting that he/she will be absent and the reason for the absence. C. A member of the Commission shall not automatically be reappointed to a successive term of office. A member desiring reappointment shall be required to make formal application and in the case of the Los Banos Unified School District member said member shall be required to be re nominated by the Los Banos Unified School District for reappointment. If a vacancy shall occur otherwise than by the expiration of a term the vacancy shall be filled as set forth in Section , for the unexpired portion of the term. Sec Members: Removal from office. Any appointive member of the Commission may be removed from the Commission by a majority vote of the City Council. Sec Members: Resignations. A member of the Commission may resign from the Commission by filing a written statement with the City Clerk stating that he or she resigns from the Commission. The resignation shall become effective at the time of filing such written statement, and such member shall thereupon cease to be a member of the Commission, and a vacancy shall exist. Sec Compensation. Members of the Commission shall serve without compensation. 2

70 Sec Organization. The first meeting in January of each year shall be the organization meeting. Immediately after appointment and qualification, the Commission shall organize by electing one of its members as chairperson, who shall be charged with the orderly conduct of the meetings, and one as vice-chairperson, to assume such duties in the absence of the chairperson, who both shall serve for one year. Sec Meetings. Regular meetings shall be held on the third Tuesday of each calendar month at 6:00 p.m. in the City Council Chambers located at 520 J Street in the City. If any regular meeting day falls on a City holiday, the meeting shall be held on the following regular City business day at 6:00 p.m. Sec Quorum. Three members of the Commission shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time. Section Secretary to the Commission. The Public Works Director, or his or her designee, shall serve as secretary to the Commission. 3

71 Sec Established. Article 2. Los Banos Planning Commission Pursuant to the provisions of Chapter 3 of Title 7 of the Government Code of the State, there is hereby established the Los Banos Planning Commission (hereinafter referred to in this Article as Commission). Sec Powers and Duties. Except as otherwise provided in this article, the provisions of Chapter 3 of Title 7 of the Government Code of the State of California relating to the powers and duties of members of Planning Commissions, and of Planning Commissions as bodies, and the rules of procedure and other provisions in said Title 7 shall govern and control the Planning Commission of the City. Sec Members: Appointment and Qualifications. The Commission shall consist of seven members. Candidate[s) for appointment shall be recommended to the City Council by the Mayor, with input from a Council Member, selected by the City Council on a rotating basis, and the Community Development Director, who shall form an ad hoc committee to review applications, interview applicants, and evaluate the candidates for recommendation by the Mayor to the City Council. At the time of appointment to the Commission and throughout his or her term each Commissioner shall be a resident of the City of Los Banos and a registered, qualified elector of the City. Sec Members: Terms. Each Commissioner shall serve a term of two years. Terms of office shall be staggered and not more than four Commissioners shall have terms that end in the same year. A member's term of office shall expire on December 31 st of the second year of his or her respective term. Sec Members: Reappointment and Vacancies. A. If a Commission member ceases to reside in the City of Los Banos such Commissioner's position shall be declared vacant. B. If a member of the Commission is absent without cause from three successive regular meetings of the Commission, the Commission or the City Manager may request the City Council declare the position vacant. A member is not absent without cause if his/her absence is due to illness, or is unavoidable and the member gives notice to city staff before the meeting that he/she will be absent and the reason for the absence. 4

72 C. A member of the Commission shall not automatically be reappointed to a successive term of office. A member desiring reappointment shall be required to make formal application. If a vacancy shall occur otherwise than by the expiration of a term, the vacancy shall be filled as set forth in Section , for the unexpired portion of the term. Sec Members: Removal from office. Any appointive member of the Commission may be removed from the Commission by a majority vote of the City Council. Sec Members: Resignations. A member of the Commission may resign from the Commission by filing a written statement with the City Clerk stating that he or she resigns from the Commission. The resignation shall become effective at the time of filing such written statement, and such member shall thereupon cease to be a member of the Commission, and a vacancy shall exist. Sec Compensation. Members of the Commission shall serve without compensation. Sec Organization The first meeting in January of each year shall be the organization meeting. Immediately after appointment and qualification, the Commission shall organize by electing one of its members as chairperson, who shall be charged with the orderly conduct of the Commission meetings, and one as vice-chairperson, to assume such duties in the absence of the chairperson, who both shall serve for one year. Sec Meetings. Regular meetings of the Commission shall be held on the second and fourth Wednesdays of each calendar month at 7:00 p.m. in the City Hall Council Chambers located at 520 J Street in the City. If any regular meeting day falls on a City holiday, the meeting shall be held on the following regular City business day at 7:00 p.m. Sec Quorum Four members of the Commission shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time. 5

73 Sec Secretary to the Commission. The Community Development Director, or his or her designee, shall serve as secretary to the Commission. 6

74 Sec Established. Article 3. Los Banos Tree Commission There is hereby established the Los Banos Tree Commission (hereinafter referred to in this Article as Commission). Sec Powers and Duties. The Commission shall have the following powers and duties: (a) To develop and maintain an effective City forestry program; (b) To develop and maintain an updated street tree list; (c) To develop an effective maintenance and replacement program for trees; (d) To develop a historical tree list; (e) To develop an educational program whereby community residents understand the nature and value of trees and learn the best ways to take care of them; (f) To develop and maintain a commercial tree canopy program that provides the required shade canopy; (g) To recognize businesses and individuals who have been instrumental in promoting the City's urban forest; (h) To promote the planting of trees in the community as part of the City's commitment to being designated a Tree City USA; (i) To make recommendations to the Los Banos Parks and Recreation Commission on items regarding the City's urban forest; and Q) To perform other related duties as directed by the City Council. Sec Members: Appointment and Qualifications. The Commission shall consist of five members. Candidate(s) for appointment shall be recommended to the City Council by the Mayor, with input from a Council Member, selected by the City Council on a rotating basis, and the Public Works Director, who shall form an ad hoc committee to review applications, interview applicants, and evaluate the candidates for recommendation by the Mayor to the City Council. At the time of appointment to the Commission and throughout his or her term each Commission Member shall be a resident of the City of Los Banos and a registered qualified elector of the City. Sec Members: Terms. Each Commission Member shall serve a term of two years. Terms of office shall be staggered and not more than three Commission Members shall have terms that end in the same year. A member's term of office shall expire on December 31 sl of the second year of his or her respective term. 7

75 Sec Members: Reappointment: Vacancies. A. If a Commission member ceases to reside in the City of Los Banos such commissioner's position shall be declared vacant. B. If a member of the Commission is absent without cause from three successive regular meetings of the Commission, the Commission or the City Manager may request the City Council declare the position vacant. A member is not absent without cause if his/her absence is due to illness, or is unavoidable and the member gives notice to city staff before the meeting that he/she will be absent and the reason for the absence. C. A member of the Commission shall not automatically be reappointed to a successive term of office. A member desiring reappointment shall be required to make formal application. If a vacancy shall occur otherwise than by the expiration of a term, the vacancy shall be filled as set forth in Section , for the portion of the unexpired term. Sec Members: Removal from office. Any appointive member of the Commission may be removed from the Commission by a majority vote of the City Council. Sec Members: Resignations. A member of the Commission may resign from the Commission by filing a written statement with the City Clerk stating that he or she resigns from the Commission. The resignation shall become effective at the time of filing such written statement, and such member shall thereupon cease to be a member of the Commission, and a vacancy shall exist. Sec Compensation. Members of the Commission shall serve without compensation. Sec Organization. The meeting in February of each year shall be the organization meeting of the Commission. Immediately after appointment and qualification, the Commission shall organize by electing one of its members as chairperson, who shall be charged with the orderly conduct of the Commission meetings, and one as vice-chairperson, to assume such duties in the absence of the chairperson, who both shall serve for one year. 8

76 Sec Meetings. Regular meetings of the Commission shall be held on the second Wednesday in February, May, August, and November at 5:00 p.m. in the City Hall Council Chambers located at 520 J Street in the City. If any regular meeting day falls on a City holiday, the meeting shall be held on the following regular City business day at 5:00 p.m. Sec Quorum Three members of the Commission shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time. Sec Secretary to the Commission. The Public Works Director, or his or her designee, shall serve as secretary to the Commission. 9

77 Sec Established. Article 4 Economic Development Advisory Commission There is hereby established the Los Banos Economic Development Advisory Commission Sec Powers and Duties. The Los Banos Economic Development Advisory Commission shall have the following powers and duties: (a) To act in an advisory capacity to the City Council of the City of Los Banos and Community Development Department staff on matters pertaining to economic development plan and strategy; (b) To provide input for the General Plan updates relating to economic development; (c) To provide input to help improve the economic well-being of the City of Los Banos through efforts that create jobs, retain jobs, increase the tax base and enhance the quality of life, this includes efforts to revitalize, retain and recruit businesses and to revive, develop and support existing business areas; (d) To provide a forum for enhancing ideas and information and for addressing the business and economic needs of the community; (e) To provide input to assist with the expansion and diversity of the economic base of the City; (f) To make recommendations to and respond to formal requests made on business and economic development issues; and (g) To provide support and ideas on marketing strategies in relation to business and economic development. The functions and duties of the Commission shall not be construed as preempting or otherwise interfering with the functions, duties or responsibilities of the City Council, or other commissions, boards or offices as mandated by law or City ordinance. Sec Members: Appointment and Qualifications The Commission shall consist of seven members. Four of the members shall be at large members appointed by the City Council as follows: Candidate[s] for appointment shall be recommended to the City Council by the Mayor, with input from a City Council Member, selected by the City Council on a rotating basis, and the Community Development Director, who shall form an ad hoc committee to review applications, interview applicants, and evaluate the candidates for recommendation by the Mayor to the City Council. The Commission at large membership shall be drawn from a broad spectrum of applicants and should include business people as well as community members. One of the seven members shall be the Executive Director of the Los Banos 10

78 Chamber of Commerce as an ex officio member. Two of the seven members shall be City Council Members recommended to the City Council by the Mayor. Sec At Large and City Council Commission Members: Terms. Each At Large and City Council Commission Member shall serve a term of two years. Terms of office shall be staggered and not more than three Commission Members shall have terms that end in the same year. An At Large and City Council Commission member's term of office shall expire on December 31 s t, of the second year of his or her respective term. Sec At Large Members: Reappointment and Vacancies. A. If a member of the Commission is absent without cause from three successive regular meetings of the Commission, the Commission or the City Manager may request the City Council declare the position vacant. A member is not absent without cause if his/her absence is due to illness, or is unavoidable and the member give notice to city staff before the meeting that he/she will be absent and giving the reason for the absence. B. An At Large member of the Commission shall not automatically be reappointed to a successive term of office. A member desiring reappointment shall be required to make formal application. If a vacancy shall occur otherwise than by the expiration of a term, the vacancy shall be filled as set forth in Section , for the unexpired portion of the term. Sec Members: Removal from Office. Any appointive member of the Commission may be removed from the Commission by a majority vote of the City Council. Sec Members: Resignations. A member of the Commission may resign by filing a written statement with the City Clerk stating that he or she resigns from the Commission. The resignation shall become effective at the time of filing such written statement, and such member shall thereupon cease to be a member of the Commission, and a vacancy shall exist. Sec Compensation. Members of the Commission shall serve without compensation. Sec Organization. The meeting in January of each year shall be the organization meeting of the Commission. Immediately after appointment and qualification, the Commission shall 11

79 organize by electing one of its members as chairperson, who shall be charged with the orderly conduct of the Commission meetings, and one as vice-chairperson, to assume such duties in the absence of the chairperson, who both shall serve for one year. Sec Meetings. Regular meetings of the Commission shall be held on the third Monday of each calendar month at 4:00 p.m. in the City Hall Council Chambers located at 520 J Street in the City. If any regular meeting day falls on a City holiday, the meeting shall be held on the following regular City business day at 4:00 p.m. Sec Quorum. Four members of the Commission shall constitute a quorum for the transaction of business. Sec Secretary of the Commission. The Community Development Director, or his or her designee, shall serve as secretary to the Commission. 12

80 Sec Established. Article 5. Los Banos Airport Advisory Commission There is hereby established the Los Banos Airport Advisory Commission (hereinafter referred to in this Article as Commission). Sec Powers and Duties. The Commission shall have the following powers and duties: (a) To study, consider, and develop long-range plans for the ultimate development of the Los Banos Municipal Airport, giving due regard to any Master Plan adopted by the City, and to Federal and State regulations; (b) To ascertain the type of service to be rendered and keep abreast of developments in the aviation industry so as to be able to inform the City Council on all pertinent matters concerning airports, airport law, and aviation generally; (c) To study and recommend on matters relating to airport improvements, including methods of financing and lease arrangements; (d) To review and recommend on special permits and proposals, as required, that deviates from the airport development plan; (e) To submit to the City Council such plans as may seem desirable for the present and future operation of the Los Banos Municipal Airport; (f) To at least once each year report activities to the City Council and make information available to other commissions and officials of the City as required; (g) To coordinate planned activities with other agencies not under the jurisdiction of the City; and (h) To perform other related duties as directed by the City Council. Sec Members: Appointment and Qualifications. The Commission shall consist of five members. Candidate[s] for appointment shall be recommended to the City Council by the Mayor, with input from a City Council Member, selected by the City Council on a rotating basis, and the Public Works Director, who shall form an ad hoc committee to review applications, interview applicants, and evaluate the candidates for recommendation by the Mayor to the City Council. At the time of appointment to the Commission and throughout his or her term each Commissioner shall be a resident of the City of Los Banos and a registered, qualified elector of the City. Sec Members: Terms. Each Commissioner shall serve a term of two years. Terms of office shall be staggered and not more than three Commissioners shall have terms that end in the same year. A member's term of office shall expire on December 31 st of the second year of his or her respective term. 13

81 Sec Members: Reappointment and Vacancies. A. If a Commission member ceases to reside in the City of Los Banos such Commissioner's position shall be declared vacant. B. If a member of the Commission is absent without cause from three successive regular meetings of the Commission, the Commission or the City Manager may request the City Council declare the position vacant. A member is not absent without cause if his/her absence is due to illness, or is unavoidable and the member gives notice to city staff before the meeting that he/she will be absent and the reason for the absence. C. A member of the Commission shall not automatically be reappointed to a successive term of office. A member desiring reappointment shall be required to make formal application. If a vacancy shall occur otherwise than by the expiration of a term, the vacancy shall be filled as set forth in Section , for the unexpired portion of the term. Sec Members: Removal from office. Any appointive member of the Commission may be removed from the Commission by a majority vote of the City Council. Sec Members: Resignations. A member of the Commission may resign from the Commission by filing a written statement with the City Clerk stating that he or she resigns from the Commission. The resignation shall become effective at the time of filing such written statement, and such member shall thereupon cease to be a member of the Commission, and a vacancy shall exist. Sec Compensation. Members of the Commission shall serve without compensation. Sec Organization. The meeting in January of each year shall be the organization meeting. Immediately after appointment and qualification, the Commission shall organize by electing one of its members as chairperson, who shall be charged with the orderly conduct of the Commission meetings, and one as vice-chairperson, to assume such duties in the absence of the chairperson, who both shall serve for one year. Sec Meetings. 14

82 Regular meetings of the Commission shall be held on the third Tuesday of each calendar month at 5:00 p.m. in the City Hall Council Chambers located at 520 J Street in the City. If any regular meeting day falls on a City holiday, the meeting shall be held on the following regular City business day at 5:00 p.m. Sec Quorum. Three members of the Commission shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time. Sec Secretary to the Commission. The Public Works Director, or his or her designee, shall serve as secretary to the Commission. 15

83 SUMMARY OF ORDINANCE NO AN ORDINANCE OF THE CITY OF LOS BANOS REORGANIZING AND UPDATING THE CITY'S MUNICIPAL CODE RELATIVE TO CITY COMMISSIONS AND COMMITTEES SPECIFICALLY AMENDING TITLE 2 CHAPTER 2 OF THE LOS BANOS MUNICIPAL CODE On October 16, 2013 the Los Banos City Council introduced Ordinance No. 1113, which if adopted will amend the Los Banos Municipal Code regarding City Commissions and Committees. A copy of the complete text of the Ordinance is on file with the City Clerk, at 520 J Street. The key provisions of the proposed ordinance are as follows: 1) Eliminate the Los Banos Youth Assistance Commission, Los Banos Cultural Heritage Commission, and Los Banos Commission for Culture and the Arts; 2) Reduce the number of Parks and Recreation Commission members from seven to five and eliminate the Merced County appointed member, one of which will be nominated by the Los Banos Unified School District and appointed by the City Council; 3) Elevate the status of the Economic Development Advisory Committee to that of a Commission and reduce the number of members from eleven to seven, two of which are members of the City Council and one being the Executive Director of the Los Banos Chamber of Commerce; 4) Elevate the status of the Tree Committee to that of a Commission; 5) Eliminate term limits for all commissions; 6) Reorganize and update the provisions of Title 2 Chapter 2 of the Code as it relates to Commissions and Boards; 7) the effective date of the proposed ordinance shall be January 1,2014. The City Council will consider adoption of this Ordinance at the regular City Council Meeting scheduled for November 6,2013. LUCILLE L. MALLONEE CITY CLERK

84 RESOLIJTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS ESTABUSHING A POLICY FOR APPOINTMENTS TO CITY COMMISSIONS AND BOARDS WHEREAS, the City Council adopted Ordinance No 1069 amending Trtle 2, Chapter 2 of the Los Banos MUnicipal Code relating to appointments to City Commissions and Boards, and WHEREAS, the City Council desires to adopt a policy for appointments to Crty Commissions and Boards NOW, THEREFORE, BE IT RESOLVED that the City Council of the Crty of Los Banos does hereby approve the attached policy entrtled "Policy and Procedures for AppOintments to Crty Commissions And Boards" as set forth In forth In Exhibit A attached hereto and Incorporated herein by this reference The foregoing resolution was Introduced at a regular meeting of the City Council of the City of Los Banos held on the 2"" day of Apnl 2008, by Council Member Fana, who moved Its adoption, which mobon was duly seconded by Council Member Sousa, and the Resolution IS hereby adopted by the following vote AYES NOES ABSENT Council Members Brooks, Fana, Sousa, Vilialta, Mayor Jones None None APPROVED ATTEST ~'f.~ Lucille L Mallonee, City Clerk

85 "EXHIBIT A" POLICY AND PROCEDURES FOR APPOINTMENTS TO CITY COMMISSIONS AND BOARDS PURPOSE To establish a more formal and InclusIVe selection process for the recruitment and appointment of the best qualified candidates for Commissioners to City Commissions and Boards that allows for all community members the opportunity to become Involved In local government by serving on City CommiSSions and Boards 1 Local Appomtment LIst The City Clerk shall maintain and provide the Local Appointment Ltst as required by Government Code a On or before December 31 of each year, the City Clerk shall prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the City CounCil ThiS list shall be known as the Local AppOintments List The list shall contain the following information (I) A list of all appolnhve terms which Will expire dunng the next calendar year, wrth the name of the Incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the poslnon (II) A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body, and the necessary qualifications for each poslllon b The Local AppOintments List shall be made available to members of the public for a reasonable fee which shall not exceed actual cost The City Clerk shall forward a copy of the list to the Merced County PublIC Ltbrary Los Banos Branch 2 Notice of Vacancy At a regular City CounCil Meeting the City Clerk will report to the City CounCIl approximately Sixty days prior to the date of expiration of a term of office of a commissioner orboard member At a regular CityCounCIl Meellng the CityClerkWill also reportto thecitycouncil anyboard orcommission unscheduledvacancyforreasons other than the expiration of the term of office 3 Advertisement The City Clerk Will post notice of the vacancies and application deadlines at the City Clerk's Office, the Merced County Public library, the City website, and a newspaper of general Circulaton wrthln the City For unscheduled vacancies, the City Clerk will post notice of the vacancy not eartler than twenty days before or not later than twenty days after the vacancy occurs 4 Ape/lcatlons a A standard application form together With supplemental questions Will be provided by the City Clerk to persons Interested,n appointment to a vacant office 1

86 b Incumbent commissioners and board members seeking reappointment, as well as new applicants, will complete the application forms and retum them to the City Clerk by the designated deadline In order to be considered for appointment However, a board member or commissioner who has been appointed to fill an unexpired term within the previous twelve months will not be required to complete and file a new application c Applicants are expected to have attended at least one meeting of the board or commission for which they are seeking appointment d Applications Will only be accepted for Spec1llC vacancies Persons who have applied for previous vacancies will be kepton an Interestlistfora penod of twoyears bythe CIIy Clerk and be maded nollces of pending vacancies dunng that penod e In the event there are not two or more applicants than vacancies the appllcallon filing deadline may be extended by the City Clerk 5 Interwew Committee The Mayor and a selected CounCil Member and appropnate Department Head will review appllcallons and InteJ'Vlew applicants a The Committee will InteJ'Vlew all of the applicants, Including Incumbents, who have submrtted applications by the designated deadline The Commltlee may conduct InteJ'Vlews by telephone A candidate who IS unable to be InteJ'Vlewed Will be dropped from consideration 6 Appomtments a With the Input of the other InteJ'Vlew Commrttee members, the Mayor shall recommend a candidate for appointment to the full City CounCil Appointments are made at regular or special meellngs of the CIIy CounCil b If the City Councd IS unable to reach the necessary number of appointments for whatever reason, the City CounCil maythen proceed to seek addlllonal applicants and continue the appointment process 2

87 ICity Hall 520 J Street Los Banos, CA Phone: (209) Fax: (209) NOTICE TO THE PUBLIC: In compliance with the requirements of the Maddy Act, Government Code 54970, the following local appointment list was posted on or before December 31, 2013 at Los Banos City Hall, 520 J Street, Los Banos, CA 93635, and at the Merced County Public Library, 1312 S. 7'" Street, Los Banos, CA Qualifications to serve on a City of Los Banos Commission/Committee are as follows: Los Banos Resident and Qualified Elector of the City of Los Banos. LOS BANOS PARKS AND RECREATION COMMISSION Meets the Sid Tuesday of each month at 6:00 p.m. COMMISSIONER DATE APPOINTED TERM EXPIRES Michael Bonillas Nikki Tufi John Castillo Diana Incram 1/ Michael Neu LOS BANO~ PLANNING COMMISSION Meets the 2;( and 4 ffi Wednesday of each month at 7:00 p.m. COMMISSIONER DATE APPOINTED TERM EXPIRES Vem Hixson Jose Gonzalez Tracev Rosin Arkadv Faktorovich 111/ Tom Mello 111/ /2014 Tom Soada /2014 Susan Tascano 111/ LOS BANOS TREE COMMISSION Meets the 2"' Wednesday in February, May, August, and November at 5:00 p.m. COMMISSIONER DATE APPOINTED TERM EXPIRES Marv Coaklev Tom Kanan Rebecca Tietien 111/ /2014 John Soevak 111/ Colleen Menefee 111/ /2015 ECONOMIC DEVELOPMENT ADVISORY COMMISSION Meets the 3 id Monday of each month at 4:00 p.m. COMMISSIONER DATE APPOINTED TERM EXPIRES Brett Jones /2013 Aleksev Y. Dvorkin 1/1/ Maroaret (Peoov) Edwards Ann McCaulev 615/ Kathv Ballard 111/ /2014 Tom Faria Elizabeth Stonearove LOS BANOS AIRPORT ADVISORY COMMISSION Meets the 3 id Tuesday of each month at 5:00 p.m. COMMISSIONER DATE APPOINTED TERM EXPIRES Heiko Stichel Larrv Leonardo, Sr. 111/ David Anderson 111/ /2014 Alan Wilber Daniel Beasworrick MEASURE P COMMITIEE Meets Semi-annually or as often as it deems necessary to accomplish objectives. COMMITIEE MEMBER DATE APPOINTED TERM EXPIRES Arlene Cardoza Gerald Giesel Tom Neeb Diana Inaram /2014 Rhanda Rusk 111/ Mark Bodlev Hoana,Ichabodl Nauven Dated: November 7, 2013 Lucille L. Mallonee, MMC, City Clerk

88 LOS Banos COMMUNITY DEVELOPMENT DEPARTMENT.= Date: November 1, 2013 Regarding: Notice of Public Hearing Proposal: Mobile Vendor Permit # NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Mobile Vendor Permit to allow the operation of a mobile taco truck to vend on private property located at 210 W. Pacheco Blvd. in the Highway Commercial zoning district; more specifically identified as Assessor's Parcel Number: The applicant is Karina Delatorre, dba: Tacos EI Polio. A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Planning Commission on Wednesday, November 13, 2013 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 at City Hall or at (209) , Ext 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 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 THE CITY OF LOS BANOS 2P&7~ Stacy Souza Elms Assistant Planner

89 rosbanos \1 IIIi' C/oss/()uc!s of Cali{mllia & = & = COMMUNITY DEVELOPMENT DEPARTMENT Date: November 1, 2013 Regarding: Proposal: Notice of Public Hearing Use Permit # Large Family Day Care NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Use Permit to allow the operation of a Large Family Day Care facility for Sandy Gong's Child Care operated by Sandy Gong. The subject property is located in the Low Density Residential zoning district at 2235 Savona Street; more specifically identified as Assessor's Parcel Number: A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, November 13, 2013 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 at City Hall or at (209) , Ext 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 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 THE CITY OF LOS BANOS ~~ Assistant Planner

90 LOS Banos Agenda Staff Report TO: FROM: DATE: SUBJECT: Mayor & City Council Members Lucy Mallonee, MMC r City Clerk/Human Resources Director November 6, 2013 Upcoming City Commission Vacancies TYPE OF REPORT: Non Consent Agenda Recommendation: Appoint a City Council Member to serve with the Mayor on the selection committee. Discussion: The City Clerk must report to the City Council any vacancies on City Commissions; those vacancies will be advertised in the Los Banos Enterprise and on the City's website. The deadline to submit an application to serve on a City Commission in 2014 is Thursday, December 5, Fiscal Impact: Four (4) newspaper advertisements (November 8, 15, 22, and 29, 2013) at a total cost of approximately $460 funded by various affected departments. Reviewed by: 73tc~ Steve Carrigan, City Manager Attachments: Notice of Vacancy Local Appointments List Appointment Policy

91 LOS Banos NOTICE OF VACANCIES ON CITY COMMISSIONS Notice is hereby given that the City of Los Banos is now accepting applications from citizens 18 or older residing within the City limits of Los Banos interested in serving on a City Commission. Los Banos Parks & Recreation Commission Two (2) Vacancies: Two (2) Two (2) Year Terms - Expiring December 31, 2015 Los Banos Planning Commission Three (3) Vacancies: Three (3) Two (2) Year Terms - Expiring December 31, 2015 Economic Development Advisorv Commission Two (2) Vacancies: Two (2) Two (2) Year Terms - Expiring December 31, 2015 Airport Advisorv Commission Two (2) Vacancies: Two (2) Two (2) Year Terms - Expiring December 31, 2015 Measure P Committee Three (3) Vacancies: Three (3) Three (3) Year Terms - Expiring December 31,2016 The various commissions meet once or twice a month and serve as advisory bodies to the City Council and Administrative Officials on such actions as they deem necessary, proper or advisable for the proper administration of City functions. Board members receive no compensation for their time, although they may be requested to attend training workshops or seminars at City expense. If you are interested in volunteering to serve on any of the City Commissions and are a resident and qualified elector of the City of Los Banos, please contact the City Clerk's Office at City Hall, 520 J Street, ext 124 to request an application or access an application on the City's website: The deadline for submitting applications to the City Clerk is Thursday, December 5, 2013 before 5:00 p.m., and the appointments are tentatively scheduled for the City Council meeting of Wednesday, December 18, 2013.

92 LOS Banos City Hall 520 J Street Los Banos, CA Phone: (209) 827~7000 Fax: (209) WNW.losbanos.org NOTICE TO THE PUBLIC: In compliance with the requirements of the Maddy Act, Government Code 54970, the followin9 local appointment list was posted on or before December 31,2013 at Los Banos City Hall, 520 J Street, Los Banos, CA 93635, and at the Merced County Public Library, 1312 S. 7~ Street, Los Banos, CA Qualifications to serve on a City of Los Banos CommisslonlCommittee are as follows: Los Banos Resident and Qualified Elector of the City of Los Banos. LOS BANOS PARKS AND RECREATION COMMISSION Meets the 3" Tuesday of each month at 6:00 p.m. COMMISSIONER DATE APPOINTED TERM EXPIRES Michael Bonillas Nikki Tuft John Castillo Diana Incram Michael Neu LOS BANOS PLANNING COMMISSION Meets the 2" and 4 th Wednesday of each month at 7:00 p.m. COMMISSIONER DATE APPOINTED TERM EXPIRES Vern Hixson Jose Gonzalez Tracev Rosin Arkadv Faktorovich Tom Mello Tom Spada Susan Tascano LOS BANOS TREE COMMISSION Meets the 2"' Wednesday in February, May, AU9ust, and November at 5:00 p.m. COMMISSIONER DATE APPOINTED TERM EXPIRES Marv Coakley Tom Kaliian Rebecca Tietien John Spevak Colleen Menefee ECONOMIC DEVELOPMENT ADVISORY COMMISSION Meets the 3@ Monday of each month at 4:00 p.m. COMMISSIONER DATE APPOINTED TERM EXPIRES Brett Jones Aleksey Y. Dvorkin Marqaret (Peeev) Edwards Ann McCaulev Kathv Ballard Tom Faria Elizabeth Stone rove LOS BANOS AIRPORT ADVISORY COMMISSION Meets the 3" Tuesday of each month at 5:00 p.m. COMMISSIONER DATE APPOINTED TERM EXPIRES Heiko Stichel Larrv Leonardo, Sr David Anderson Alan Wilber Daniel Beasworrick MEASURE P COMMITTEE Meets Semi-annually or as often as it deems necessary to accomplish objectives. COMMITTEE MEMBER DATE APPOINTED TERM EXPIRES Arlene Cardoza Gerald Glesel Tom Neeb Diana Incram Rhonda Rusk Mark Bodley Hoanq (Ichabod) Nquyen Dated: November 7,2013 Lucille L. Mallonee, MMe, City Clerk