rosBanos · rosBanos www,losbanos.org AGENDA CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 520 J...

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AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS 520 J Street

Los Banos, California

SEPTEMBER 17, 2014

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

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

Sf (equiere asistencia especial para alender 0 participar en esta junta por favor /lame a fa oricina de /a Secretaria de fa eludad aJ (209) 827~7000 a /0 menos de 48 haras previas de fa junta.

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

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

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

on the City's website at www.losbano$.ora. . • • • • • • • • • • • . • . • Cua/quier escritura a los documentos proporcionaron a una mayorfa del Ayuntamiento respecto a cua/quier

articulo en este orden del dia sera hecho disponible para la inspecci6n publica en la reuni6n y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,

California durante horas de oficina normales. Ademas. tales escrituras y los documento$ pueden ser anunciados en el website de la ciudad en www.losbanos.org.

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, PRESENTATION - PROCLAMATION RECOGNIZING THE 2014 LOS BANOS VARSITY TRAP SQUAD,

Los Banos City Council Agenda September 17, 2014 Page 1of4

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 #149040 - #149500 in the Amount of $1 ,868,816.90.

Recommendation: Approve the check register as submitted.

B. Minutes for the May 7,2014 City Council Meeting.

Recommendation: Approve the minutes as submitted.

C. Minutes for the May 21,2014 City Council Meeting.

Recommendation: Approve the minutes as submitted.

D. City Council Resolution No. 5605 - Amending City Council Resolution No. 5421 Relating to the 2014 Conflict-of-Interest Code Update.

Recommendation: Adopt the resolution as submitted.

E. City Council Resolution No. 5606 - Authorizing the City Manger to Sign a Memorandum of Understanding with the Merced County Office of Education for School Resource Services for the 2014-15 School Year.


F. City Council Resolution No. 5607 - Amending the Mass Mutual Deferred Compensation Plan for City Employees to Incorporate a ROTH IRA Option.


G. City Council Resolution No. 5608 - Approving a Tentative Agreement / Memorandum of Understanding By and Between the City of Los Banos and the Los Banos Fire Fighters Association.


H. City Council Resolution No. 5609 - Accepting the Exterior Painting of One (1) Five (5) Million Gallon Storage Tank as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder.


Los Banos City Council Agenda September 17, 2014 Page 2 014

I. City Council Resolution No. 5610 - Authorizing the City Manager to Execute an Out of Boundary Service Agreement Between the City of Los Banos and Helen M. Mello for Water Service at 13529 Mercey Springs Road (Assessor's Parcel Number 082-020-025).


J. City Council Resolution No. 5611 - Authorizing the City Manager to Execute an Out of Boundary Service Agreement Between the City of Los Banos and Joseph F. & Charlotte M. Mello for Water Service at 13749 Mercey Springs Road (Assessor's Parcel Number will be Assigned at a Later Date).


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

A. To Receive Public Comment and Consideration of General Plan Amendment #2014-01 and Zone Change #2014-01 from Neighborhood Commercial (C-N) to Low Density Residential (R-1) for the Property Located at 310 West I Street, APN 027-044-006, Applicant Debbie Perry.

1} Ordinance No. 1122 - Amending the Official Zoning Map by Rezoning Property Located at 310 West I Street from Neighborhood Commercial (C-N) to Low Density Residential (R-1). (First Reading & Introduction)

2} City Council Resolution No. 5612 - Approving an Amendment to the General Plan Land Use Map from Neighborhood Commercial to Low Density Residential for Property Located at 310 West I Street, More Specifically Identified as Assessor's Parcel Number 027-044-006.

(To Be Continued)

Recommendation: Receive staff report, open public hearing, receive public comment, close the public hearing, introduce the ordinance as submitted, and continue approval of Resolution No. 5612 following adoption oflhe ordinance.

9. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 5613-REQUESTING ACTION BY CONGRESS ON DROUGHT LEGISLATION.


10. PRESENTATION REGARDING REVENUE SHARING. (Continued from the August 20, 2014 City Council Meeting)

Recommendation: Informational item only.

11. ADVISEMENT OF PUBLIC NOTICES. (No Report)

Los Banos City Council Agenda - September 17, 2014 Page 3 of 4

12. CITY MANAGER REPORT.

13. CITY COUNCIL MEMBER REPORTS.

A. Tom Faria

B. Deborah Lewis

C. Scott Silveira

D. Elizabeth Stonegrove

E. Mayor Mike Villalta

14. ADJOURNMENT.

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

:p.,~ f. J..<0Lf2t~ Lucille L Mallonee, City Clerk Dated this 111h day of September 2014

Los Banos City Council Agenda September 17,2014 Page 4 of4

PROC.LA.M.4TION RECOGNIZING THE 2014 LOS BANOS VARSITY TRAP SQUAD

WHEREAS, the Los Banos TIgers Trap Team Varsity Squad went to Sparta, Rlinois for the Academics Integrity Marksmanship - Amateur Trapshooting Association (AIM-ATA) Grand Nationals and came away with second place after hitting 987 out of 1, 000 targets; and

WHEREAS, the highlight for the team was having a peifect score after two rounds, 250 rounds with no misses; and

WHEREAS, the highest score went to Aaron Buamgartner, who shot 199 of his 200 targets, Josh Lopes and Jared Crist each added 198, and D.J. Mello and Jason Chew each went for 196; and

WHEREAS, the Los Banos squad carned an impressive resume into the national shoot as the first team to ever win all three California State Championships - the California Youth Shooting Sports Association (CYSSA), the Scholastic Clay Target Program (SCTP) and the Academics, Integrity, and Marksmanship (AIM), the youth arm of the Amateur Trapshooting Association. .

NOW, THEREFORE, BE IT PROCLAIMED, that the Mayor and City Council Members of the City of Los Banos do hereby commend the Varsity Trap Squad Teamfor their hard work and dedication and wish them continued success in their future endeavors.

[JI --- ---------------

In witness whereof, I have hereunto set my hand and caused to be affixed the seal of the City of Los Banos, this 17th day of September 20 14.

APPROVED:

Michael Villalta, Mayor

ATTEST:

Lucille L. Mallonee, City Clerk

------- ----------------- --------~------------------------------- -------- -- ---- ------ _J

CK # 149040 - # 149500 09/17/2014 $1,868,816.90

Bank Reconciliation Checks by Date LOS Banos User: sorozeD Printed: 0911 112014 - 9: 11AM

Cleared and Not Cleared Checks

Print Void Checks

Check No Check Date Name Module Void Amount

149040 8114/2014 Alhambra AP 162.86 149041 8114/2014 A & A Portables Inc AP 363.85 149042 8114/2014 Alert-O-Lite, Inc. AP 258.56 149043 8114/2014 Ameripride Valley Uniform Services Inc. AP 142.08 149044 8/14/2014 Anthony Gomes AP 260.21 149045 8/14/2014 Aramark Uniform Ser Inc AP 701.26 149046 8114/2014 AT&T AP 42.79 149047 8114/2014 Margarita L Alegria AP 450.00 149048 8114/2014 Annando Baltazar AP 80.00 149049 8/14/2014 Dorothy June Baker AP 402.40 149050 8114/2014 leffBondi AP 25.00 149051 8/14/2014 BSK Analytical Laboratories AP 462.00 149052 8114/2014 ea Dept of Justice AP 1,662.00 149053 8114/2014 California Dairies Inc AP 253.15 149054 8114/2014 Cal Traffic AP 1,952.46 149055 8114/2014 Luis Castellanos AP 155.00 149056 8/14/2014 Jesse Ceja AP 12.00 149057 8/14/2014 CenturyMFG AP 990.36 149058 8114/2014 Challenger T eamwear AP 3,620.90 149059 811 4/2014 Clark Pest Control Inc AP 3.00 149060 8114/2014 Corneast AP 106.22 149061 8/14/2014 LN Curtis & Sons AP 4,007.05 149062 8114/2014 Custom Locksmith & Alann Inc. AP 167.30 149063 8114/2014 Dept of Public Health AP 65.00 149064 8114/2014 Joe & Evelyn Miranda AP 541.50 149065 8114/2014 Darrell Mello AP 580.00 149066 8114/2014 Electrical Distributors Co. AP 83.16 149067 8/14/2014 Electric Drives Inc AP 2,800.81 149068 8114/2014 Employee Relations, Inc. AP 50.00 149069 811412014 F S Rod Inc AP 1,102.00 149070 8114/2014 F astenal Company AP 261.11 149071 8114/2014 Fast Track Car Wash AP 3.50 149072 8114/2014 Federal Express AP 6.24 149073 8/14/2014 Ferguson Enterprises Inc DBA Groeniger & Company AP 577.05 149074 8114/2014 Darrall Gargano AP 412.80 149075 8114/2014 Mary Lou Gilardi AP 175.41 149076 8114/2014 Paul Green Jr. AP 500.00 149077 8114/2014 Hi Tech Emergency Vehicle Services, Inc AP 972.26 149078 8/14/2014 George Huerta AP 500.00 149079 8114/2014 Kellogg's Supply AP 723.59 149080 8114/2014 Language Line Services AP 12.09 149081 8114/2014 Wade Allen Gant AP 273.13 149082 8114/2014 LDs Banos Rental Yard Inc AP 42.00

Check No Check Date Name Module Void Amount 149083 8114/2014 Lucas Business Systems AP 1,066.47 149084 8114/2014 Lucille L Mallonee AP 450.00 149085 8114/2014 Richard Mancera AP 155.00 149086 8114/2014 Marfab Inc AP 232.81 149087 8114/2014 Riggs Ambulance Service Inc. AP 73.00 149088 8/14/2014 Napa Auto Parts AP 11.33 149089 8114/2014 The Office City AP 190.26 149090 8114/2014 OSE AP 227.37 149091 8114/2014 OnTrac AP 42.56 149092 8114/2014 P G & E Company AP 3.16 149093 8114/2014 Pearson's Jewelers AP 20.00 149094 8/1412014 Pinnacle Medical Group AP 450.00 149095 8114/2014 Protech Security & Electronics, Inc. AP 60.00 149096 8114/2014 Recall Secure Destruction Services Inc AP 536.42 149097 8114/2014 Rodeo Building Maintenance AP 225.00 149098 8114/2014 SNUAPCD AP 34.00 149099 8114/2014 Frank M Cantele AP 51.00 149100 8/14/2014 Santos Ford Lincoln Mercury, Inc. AP 4.83 149101 8114/2014 Save Mart Supermarkets AP 59.67 149102 8114/2014 Sharpening Shop AP 1,150.79 149103 8114/2014 Sherwin Williams Co AP 540.76 149104 8114/2014 Silveria Electric AP 95.00 149105 8114/2014 Society for Human Resources Management AP 185.00 149106 8114/2014 Sonitro] AP 327.00 149107 811412014 Springbrook Software, Inc. AP 1,081.00 149108 8114/2014 Sorensens True Value AP 800.55 149109 8114/2014 Spriggs Inc. AP 692.83 149110 8114/2014 Schinnick & Ryan AP 250.00 149111 8114/2014 Karen Soares AP 285.00 149112 8114/2014 Tractor Supply Credit Plan AP 1,045.41 149113 8/14/2014 Triangle Rock Products AP 658.10 149114 8114/2014 Underground Service Alert AP 578.88 149115 8114/2014 Unique Glass AP 687.60 149116 8114/2014 United Rentals AP 63.99 149117 8/14/2014 U.S. Bank Equipment Finance AP 1,890.82 149118 8/14/2014 Elizabeth Ramirez AP 17.24 149119 8114/2014 Gabriel Ramirez AP 29.68 149120 8114/2014 Home Sweet Home Property Management AP 61.44 149121 8114/2014 Ruby Naranjo AP 1.78 149122 8114/2014 Virginia Yates AP 32.33 149123 8/14/2014 Brett and Melissa Mastaler AP 44.99 149124 8/14/2014 James Jr & Juditte Ruiz AP 39.98 149125 8114/2014 Ashley Nieto AP 79.93 149126 8114/2014 Pat Campbell AP 37.24 149127 8114/2014 Jessica Sanchez-Garcia AP 37.24 149128 8114/2014 Annie Porter AP 43.47 149129 8/14/2014 DLP Real Estate, Inc. AP 4.48 149130 8/14/2014 Home Sweet Home Property Management AP 79.11 149131 8114/2014 Windecker Inc AP 1,895.66 149132 8114/2014 Young's Air Conditioning AP 587.00 149155 8/20/2014 Aflac-Customer Service AP 95.81 149156 8/20/2014 Aflac-Customer Service AP 143.95 149157 8/20/2014 Aflac-Customer Service AP 41.26 149158 8120/2014 Aflac-Customer Service AP 83.59 149159 8/20/2014 Ascent Aviation Group, Inc. AP 53,666.25 149160 8/20/2014 Bank of America AP 89,185.27 149161 8/20/2014 Bank of America AP 2,628.93

Check No Check Date Name Module Void Amount 149162 8/20/2014 Bank of America AP 11,590.91 149163 8/20/2014 BSK AP 12,645.83 149164 8/20/2014 City of Atwater AP 40,591.00 149165 8/20/2014 City of Dos Palos AP 7,056.00 149166 8120/2014 City of Gustine AP 7,892.00 149167 812012014 City of Merced AP 113,362.00 149168 812012014 City of Livingston AP 19,273.00 149169 812012014 CSG Consultants Inc. AP 13,616.50 149170 8120/2014 CVCWA AP 875.00 149171 8120/2014 Employment Development Dept AP 7,744.00 149172 8120/2014 Hartford Life Ins Co AP 1,332.40 149173 8/20/2014 Hartford Life Ins Co AP 4,887.00 149174 8/20/2014 Liebert Cassidy Whitmore AP 2,535.00 149175 8/20/2014 Los Banos Fitness & AP 695.00 149176 8/20/2014 Los Banos Police Assn AP 1,915.00 149177 8/2012014 Merced County Regional Waste Management Authority AP 4,369.41 149178 812012014 Merced County Regional Waste Management Authority AP 65,304.61 149179 812012014 Merced County Regional Waste Management Authority AP 3,153.16 149180 8120/2014 Nationwide Retirement Solutions AP 1,590.00 149181 8/20/2014 Price Paige and Company Accountancy Corporation AP 6,600.00 149182 8/20/2014 Professional Fire Fighter AP 630.00 149183 8/20/2014 Santa Clara County Sheriffs Office AP 5,120.00 149184 8/20/2014 State Disbursement Unit AP 1,502.50 149185 8/20/2014 Talley Oil Inc. AP 18,199.91 149186 8/20/2014 VantagepontTransfer Agents - 306797 AP 455.00 149187 8/20/2014 Vantagepoint Transfer Agents - 705827 AP 25.00 149188 812012014 Vantagepoint Transfer Agents - 801838 AP 825.00 149189 812012014 Law Offices of William A Vaughn AP 4,375.00 149191 812112014 Bank of America AP 352.98 149192 8/21/2014 Bank of America AP 28.92 149193 8/22/2014 ASS Direct, Inc. AP 5,976.99 149194 8/22/2014 All American Plumbing AP 1,359.26 149195 8/22/2014 American Legion Post 166 AP 239.71 149196 812212014 Ameripride Valley Unifonn Services Inc. AP 142.08 149197 812212014 Aramark Unifonn Ser Inc AP 194.64 149198 812212014 AT&T AP 646.58 149199 8/2212014 Backflow Apparatus & Valve Co. AP 33.16 149200 8/22/2014 BlueTarp Financial, Inc. AP 599.28 149201 8/22/2014 Brinks Inc. AP 539.78 149202 8/22/2014 Brucets Tire Inc AP 7,352.11 149203 8/2212014 BSK Analytical Laboratories AP 4,585.00 149204 812212014 Central Valley Toxicology, Inc AP 198.00 149205 8/2212014 Challenger Teamwear AP 408.10 149206 812212014 Commercial Speedometer Service, Inc. AP 429.00 149207 812212014 Comcast AP 100.40 149208 8/22/2014 LN Curtis & Sons AP 581.81 149209 8/22/2014 Tara Cox AP 1,200.00 149210 8/22/2014 Dept of Public Health AP Void 120.00 14921 I 8/22/2014 Dell Marketing L P AP 1,748.26 149212 8/2212014 Darrell Mello AP 420.00 149213 812212014 Fastenal Company AP 376.13 149214 8122/2014 Fast Track Car Wash AP 7.00 149215 8/22/2014 Ferrellgas, Inc. AP 118.90 149216 8/22/2014 Ford Motor Credit Company LLC AP 4,420.32 149217 8/22/2014 GCS Environmental Equipment Services AP 202.68 149218 8/22/2014 Great Valley Supply AP 127.87 149219 8122/2014 Hi Tech Emergency Vehicle Services, Inc AP 1,018.50

Check No Check Date Name Module Void Amount 149220 8/22/2014 Home Depot AP 3,245.00 149221 8/22/2014 Interstate Truck Center, LLC AP 557.67 149222 8/22/2014 Jerry Witt AP 1,424.00 149223 8/22/2014 Kimball Midwest AP 138.54 149224 8/22/2014 Los Banos Express Oil & Lube AP 230.86 149225 8/22/2014 Los Banos Rental Yard Inc AP 408.00 149226 8/22/2014 Marfah Inc AP 546.20 149227 8/22/2014 Jose Melendrez Sr. AP 470.00 149228 8/22/2014 Mello Transmission Co., Inc. AP 145.72 149229 8/22/2014 Merced Hesston Inc AP 3,542.98 149230 8/22/2014 Merced Truck & Trailer Inc AP 124.68 149231 8/22/2014 Teresa Martinez AP 500.00 149232 8/22/2014 NAACP Branch 12AA AP 500.00 149233 8/22/2014 National Demographics Corporation AP 24,500.00 149234 8/22/2014 Nielsen Merksamer Parrinello Gross & Leoni, LLP AP 21,394.23 149235 8/22/2014 North Central Laboratories AP 372.08 149236 8/22/2014 Diane Nunes AP 950.00 149237 8/22/2014 The Office City AP 69.66 149238 8/22/2014 OSE AP 1,138.99 149239 8122/2014 OnTrae AP 3.59 149240 8/22/2014 P G & E Company AP 10.86 149241 8/22/2014 P APE Machinery Inc. AP 1,020.87 149242 8/22/2014 Pitney Bowes Inc AP 42.22 149243 8/22/2014 Radio Shack Accounts Rec AP 251.74 149244 8/22/2014 The Reville Corporation AP 79.00 149245 8/22/2014 Safe T Lite AP 213.65 149246 8/22/2014 San Joaquin Valley Drainage Authority AP 492.06 149247 8/22/2014 Frank M Cante1e AP 70.00 149248 8/22/2014 Santos Ford Lincoln Mercury, Inc. AP 74.51 149249 8/22/2014 Save Mart Supennarkets AP 35.49 149250 8/22/2014 Sherwin Williams Co AP 399.02 149251 8/22/2014 Sierra Chemical Co AP 2,037.95 149252 8/22/2014 SimplexGrinnell LP AP 288. JO 149253 8/22/2014 Snap On Tools AP 46.87 149254 8/22/2014 Sol's Mobile Service AP 382.18 149255 8/2212014 Sorensens True Value AP 414.28 149256 8/22/2014 Sprint Solutions, Inc. AP 759.81 149257 8/22/2014 Stiles Truck Body & Equipment, Inc. AP 47.27 149258 8/22/2014 Stonnnel, Inc. AP 1,671.57 149259 8/22/2014 Teledyne Isco, Inc. AP 281.83 149260 8/22/2014 US Bank Corp Pymt System AP 13,255.15 149261 8/22/2014 Verizon Wireless AP 137.78 149262 8/22/2014 Vincent Communications Inc. AP 85.00 149263 8/22/2014 Walmart AP 590.36 149264 8122/2014 Windecker Inc AP 168.92 149265 8/22/2014 Young's Automotive AP 5,021.15 149266 8/28/2014 Allied Waste Services #917 AP 291,486.73 149267 8/28/2014 Valentino Alonzo AP 100.00 149268 8/28/2014 Steve CaDigan AP 379.92 149269 8/28/2014 City of Los Banos Utility AP 51,740.51 149270 8/28/2014 Isaac Chavez AP 100.00 149271 8/28/2014 Dept of Public Health AP 60.00 149272 8/28/2014 Dept of Public Health AP Void 60.00 149273 8/28/2014 Jose Diaz and Maribel Caballero AP 100.00 149274 8128/2014 Daniel Freeman AP 345.00 149275 8128/2014 Eric Gallichio AP 136.51 149276 8/28/2014 Mary Lou Gilardi AP 32.25

Check No Check Date Name Module Void Amount 149277 8/28/2014 Deborah Lewis AP 82.00 149278 8/28/2014 Los Banos Volunteer AP 2,000.00 149279 8/28/2014 Los Banos Unified School District AP 129.76 149280 8/28/2014 Gerald "Obie" O'Brien AP 77.14 149281 8/28/2014 P G & E Company AP 6,492.10 149282 8/28/2014 Evelyn Pereira AP 49.18 149283 8/28/2014 Randy Rodrigues AP 150.00 149284 8/28/2014 SJVUAPCD AP 26.00 149285 8/28/2014 Scott Silveira AP 379.92 149286 8/28/2014 Robert Strauch AP 168.00 149287 8/28/2014 Claudia and Ricardo Salcido AP 100.00 149288 8/28/2014 SolarCity AP 264.19 149289 8/28/2014 William A. Vaughn AP 82.00 149290 8/28/2014 Law Offices of William A Vaughn AP 9,000.00 149291 8/28/2014 David and Maria Valencia AP 100.00 149292 8/28/2014 Westamerica Bank - Cafeteria Plan AP 50,555.47 149293 8/28/2014 A & A Portables Inc AP 107.34 149294 8/28/2014 Steve & Manuela Aldama AP 309.96 149295 8/28/2014 Aramark Unifonn Ser Inc AP 715.97 149296 8/28/2014 AT&T AP 359.68 149297 8/28/2014 AT&T AP 1,318.72 149298 8/28/2014 Dorothy June Baker AP 106.87 149299 8/28/2014 8J's Consumers Choice AP 204.00 149300 8/28/2014 Board of Equalization AP 709.00 149301 8/28/2014 BSK Analytical Laboratories AP 135.00 149302 8/28/2014 CCID AP 4.35 149303 8/28/2014 Comeast AP 420.00 149304 8/28/2014 Corneast AP 96.91 149305 8/2812014 Copy Shipping Solutions AP 117.50 149306 8/28/2014 Duncan Printing Co. Inc. AP 340.78 149307 8/28/2014 Ewing Irrigation Products Inc. AP 418.93 149308 8/28/2014 Galls Inc AP 230.88 149309 8/28/2014 Tiffany Leanne Basuil Garcia AP 38.00 149310 8/28/2014 Star Gjertson AP 80.00 149311 8/28/2014 Helena Chemical Co Inc AP 495.18 149312 8/28/2014 Home Depot AP 28.06 149313 8/28/2014 Innovative Playgrounds Co., LLC AP 908.22 149314 8/28/2014 Los Banos Ministries AP 170.00 149315 8/28/2014 Steve Maci1las AP 105.00 149316 8/28/2014 McNamara Sports Inc AP 2,863.66 149317 8/28/2014 Merced County Dept Of Agriculture AP 184.00 149318 8/28/2014 Ruth Melero AP 600.00 149319 8/28/2014 Maria Moreno AP 500.00 149320 8/28/2014 Net Transcripts, Inc. AP 37.80 149321 8/2812014 Nonnac Inc AP 511.32 149322 8128/2014 The Office City AP 184.04 149323 8/28/2014 OSE AP 264.60 149324 8/28/2014 O'Reilly Auto Parts AP 2,690.21 149325 8/28/2014 The Phone Connection Inc AP 3,360.00 149326 8/28/2014 Pinnacle Medical Group AP 98.00 149327 8/28/2014 Provost and Pritchard Engineering, Inc. AP 2,545.00 149328 8/28/2014 Protech Security & Electronics, Inc. AP 163.00 149329 8/28/2014 Quad Knopf, Inc. AP 3,365.80 149330 8/28/2014 Safe T Lite AP 14.17 149331 8/28/2014 Scott Savage AP 580.00 149332 8/28/2014 Sherwin Williams Co AP 713.19 149333 8/28/2014 Sorensens True Value AP 603.44

Check No Check Date Name Module Void Amount 149334 8/28/2014 T erryberry Company LLC AP 469.59 149335 8/28/2014 T enninix Processing Center AP 430.68 149336 8/28/2014 Meghan Padilla AP 64.54 149337 8/28/2014 Aldina Real Estate AP 31.79 149338 8/28/2014 BellaMia Real Estate AP 68.19 149339 8/28/2014 Adela Flores AP 94.46 149340 8/28/2014 Juan J Or Yolanda Ortiz AP 92.74 149341 8/28/2014 Donald Martineau AP 34.52 149342 8/28/2014 Andrea Rodriguez AP 11.69 149343 8/28/2014 Credit Bureau Associates AP 31.79 149344 8/28/2014 Westhill Property Mgmt AP 59.07 149345 8/28/2014 Martin and Elizabeth Hernandez AP 64.54 149346 8/28/2014 Adan Molina AP 11.69 149347 8/28/2014 Ade1aida Meza AP 29.06 149348 8/28/2014 Marlene Farnham AP 18.15 149349 8/28/2014 Cecilio & Angelica Panduro AP 52.95 149350 8/28/2014 Ignacio Garcia AP 59.07 149351 8/28/2014 Javier Rubio AP 31.24 149352 8/28/2014 Deanie Machado AP 18.15 149353 8/28/2014 Verizon Wireless AP 15.05 149354 8/28/2014 Westside Water Conditioning AP 387.25 149355 8/28/2014 Jennifer Williams AP 722.50 149356 8/28/2014 Windecker Inc AP 1,032.19 149357 8/28/2014 Young's Air Conditioning AP 498.04 149382 9/5/2014 Calpers - Health Benefits AP 206,065.29 149383 9/5/2014 Met Life AP 3,924.24 149384 915/2014 PERS - Public Employees AP 13,333.96 149385 9/5/2014 Premier Access Insurance Co. AP 16,513.96 149386 9/5/2014 Quality Painting & Maintenance AP 139,753.51 149387 9/5/2014 Talley Oil Inc. AP 9,721.44 149388 9/512014 Aflac-Customer Service AP 95.81 149389 9/5/2014 Atlac-Customer Service AP 143.95 149390 9/5/2014 Aflac-Customer Service AP 41.26 149391 9/5/2014 Aflac-Customer Service AP 83.59 149392 9/5/2014 Bank of America AP 101,826.51 149393 9/5/2014 Bank of America AP 2,956.78 149394 915/2014 Bank of America AP 14,856.46 149395 9/5/2014 Tim Baptista Jr. AP 37.00 149396 9/5/2014 Chevron Usa Inc AP 161.73 149397 9/5/2014 Hartford Life Ins Co AP 1,332.40 149398 9/5/2014 Hartford Life Ins Co AP 4,957.00 149399 9/5/2014 In Shape Health Clubs Inc AP 554.00 149400 9/5/2014 Liebert Cassidy Whitmore AP 2,646.00 149401 9/5/2014 Los Banos Police Assn AP 1,915.00 149402 9/5/2014 Lucille L Mallonee AP 450.00 149403 9/5/2014 Jose Melendrez Sr. AP 936.00 149404 9/5/2014 Nationwide Retirement Solutions AP 1,590.00 149405 9/5/2014 PERS - Public Employees AP 121,287.66 149406 9/5/2014 Professional Fire Fighter AP 630.00 149407 9/5/2014 Ronny!s Landscaping AP 27,328.85 149408 9/5/2014 Ronny's Landscaping AP 15,387.79 149409 9/5/2014 State Disbursement Unit AP 2,085.00 149410 9/5/2014 Staples Credit Plan AP 157.95 149411 9/5/2014 State Water Resources Control Board AP 170.00 149412 9/5/2014 o CTanner AP 780.69 149413 9/5/2014 U.S. Bank Equipment Finance AP 2,065.89 149414 9/5/2014 Jason & Candra Browder AP 100.00

Check No Check Date Name Module Void Amount 149415 9/5/2014 Vantagepont Transfer Agents - 306797 AP 455.00 149416 9/5/2014 Vantagepoim Transfer Agents - 705827 AP 25.00 149417 9/5/2014 Vantagepoint Transfer Agents - 801838 AP 1,075.00 149418 9/5/2014 Steve & Manuela Aldama AP 309.96 149419 9/5/2014 Ameripride Valley Uniform Services Inc. AP 301.69 149420 9/5/2014 Anthony Gomes AP 249.34 149421 9/5/2014 Ararnark Uniform Ser Inc AP 1,091.91 149422 9/5/2014 AT&T AP 303.39 149423 9/5/2014 Dorothy June Baker AP 56.15 149424 9/5/2014 Bear Cat M fg Inc AP 630.49 149425 9/5/2014 Brenntag Pacific Inc AP 4,641.30 149426 9/5/2014 Bruce's Tire Inc AP 13,927.12 149427 9/5/2014 BSK Analytical Laboratories AP 462.00 149428 9/5/2014 Burton's Fire Inc. AP 1,387.53 149429 9/5/2014 Cal Traffic AP 1,596.47 149430 9/512014 Challenger T eamwear AP 5,390.03 149431 9/5/2014 Clark Pest Control Inc AP 238.00 149432 9/5/2014 Coffee Break Service AP 242.65 149433 9/5/2014 Comeast AP 2.13 149434 9/5/2014 Corneast AP 100.40 149435 9/512014 Copy Shipping Solutions AP 209.84 149436 9/5/2014 Electrical Distributors Co. AP 44.50 149437 9/5/2014 Fact Automated Entrances AP 576.31 149438 9/5/2014 Fastenal Company AP 23.49 149439 9/5/2014 Mary Lou Gilardi AP 136.07 149440 9/5/2014 Greenwood Chevrolet AP 791. 75 149441 915/2014 Violet E. Garcia AP 350.00 149442 9/5/2014 Elvira Grimes AP 50.00 149443 9/512014 Hach Company AP 336.73 149444 9/5/2014 Holt of California AP 575.53 149445 9/5/2014 Costeo AP Void 438.47 149446 9/5/2014 Ekai HSU AP 50.00 149447 9/5/2014 Jerry Witt AP 3,677.00 149448 9/5/2014 Kimball Midwest AP 214.92 149449 9/5/2014 Kully Supply, Inc. AP 798.50 149450 9/5/2014 Lehigh Hanson HeidelbergCement Group AP 4,164.40 149451 9/5/2014 Lucas Business Systems AP 237.56 149452 9/5/2014 Los Banos Ministries AP 300.00 149453 9/5/2014 Marfab Inc AP 6.86 149454 9/5/2014 Merced Sun Star AP 2,669.49 149455 9/5/2014 Merced Unifonn & Accessories AP 810.00 149456 9/5/2014 Morning Star Company AP 50.00 149457 9/5/2014 Alberto Muniz AP 50.00 149458 9/5/2014 NAACP Branch 12AA AP 50.00 149459 9/5/2014 Karen Noms AP 50.00 149460 9/5/2014 The Office City AP 872.67 149461 9/5/2014 OSE AP 576.60 149462 9/5/2014 PB Loader Corporation AP 280.92 149463 9/5/2014 Paradiso Motors AP 64.80 149464 9/5/2014 The Phone Connection Inc AP 879.00 149465 9/5/2014 Pinnacle Medical Group AP 80.00 149466 9/5/2014 Protech Security & Electronics, Inc. AP 60.00 149467 9/5/2014 Eric Ponce1et AP 50.00 149468 9/5/2014 Micheal Quinn AP 150.00 149469 9/5/2014 Anthony Resendez AP 50.00 149470 9/5/2014 Santos Ford Lincoln Mercury, Inc. AP 549.50 149471 9/5/2014 Save Mart Supennarkets AP 223.31

Check No Check Date Name Module Void Amount 149472 9/512014 Sherwin Williams Co AP 26.95

149473 9/5/2014 Silveira, Mattos & Lewis Attorneys at Law AP 450.00

149474 9/512014 Snap On Tools AP 420.77

149475 9/512014 Sorensens True Value AP 508.21

149476 9/5/2014 Sutter Central Valley Hospitals AP 50.00

149477 9/5/2014 Tenninix Processing Center AP 733.32

149478 9/5/2014 Select Portfolio Servicing, Inc AP 100.00

149479 9/5/2014 Roger Cervantes, Realtor AP 34.53

149480 9/5/2014 Graystone Property Mgmt AP 12.69

149481 9/5/2014 Steve & Claudia Curutchague AP 94.54

149482 9/5/2014 Home Sweet Home Property Management AP 50.89

149483 9/5/2014 Katie Garcia AP 12.69

149484 9/5/2014 Michael Arias AP 45.43

149485 9/5/2014 TrungTran AP 83.64

149486 9/5/2014 Blossom Valley Realty, JR Souza AP 65.37

149487 9/5/2014 John Tran AP 59.99

149488 9/5/2014 Kim NgocNgo AP 45.43

149489 9/5/2014 Pat May Lirnpiado AP 28.93

149490 9/5/2014 BeliaMia Real Estate AP 87.28

149491 9/5/2014 Gabriel Valencia AP 49.08

149492 9/5/2014 Araceli Ramirez Saucedo AP 79.98

149493 9/512014 Home Sweet Horne Property Management AP 90.01

149494 9/5/2014 Regina Zaliznyak AP 70.91

149495 9/5/2014 YuhuaChen AP 37.24

149496 9/5/2014 Westside Water Conditioning AP 80.85

149497 9/5/2014 Windecker Inc AP 336.98

149498 9/5/2014 Young's Air Conditioning AP 651.62

149499 9/9/2014 Dept o[Public Health AP 60.00

149500 9/9/2014 Merced County AP 3,500.00

Break in check sequence due to the following: Total Void Check 3

Check# 149133-149154 (payroll checks) Total Void Check 618.47

Check# 149190 (payroll check) Total Valid Check 411

Check# 149358-149381 (payroll checks) Total Valid Check 1,868,198.43

Total Check Count: 414

Total Check 1,868,816.90

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES

MAY 7,2014

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

CALL TO ORDER: Mayor Villa Ita called the City Council Meeting to order at the hour of 7:03 p.m.

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, Elizabeth Stonegrove, Mayor Michael Villalta; Absent: Scott Silveira.

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

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

PUBLIC FORUM. (MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY 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.) GENE FORTE, Modesto, former resident of Los Banos, spoke regarding an incident that happened 6 years ago at the May 7, 2008 City Council Meeting and how he was removed from the meeting while reading a recall petition, he talked about the lawsuit he had against Tommy Jones for closing off the microphone, how he feels his freedom of speech was violated, the upcoming trial on June 4, 2014; ERIK LEMON, representing Allied Waste Services and a resident of Los Banos, spoke regarding the Annual Spring Clean Up on March 29, 2014 which was very successful, presented a check in the amount of $1,000 to Assistant Planner Stacy Souza Elms for the Los Banos Mural Program; CASSANDRA HELM RICK, Los Banos resident and representing the Los Banos Chamber of Commerce spoke regarding the fund raiser drive thru dinner for the 4th of July Fireworks Event and encouraged all to participated and join the Patriots Club that helps support this; Mayor Villalta stated that the fireworks show will cost over $23,000 paid solely by the Los Banos Chamber of Commerce; BERTHA FARIA, Los Banos and

representing Los Banos Chamber of Commerce, spoke regarding the many new members of the Los Banos Chamber of Commerce, the Los Banos Spring Fair Beer booth, looking forward to the 1st Fathers Day in the Park event, they are moving forward with plans for the Trip to Italy, thanked the City of Los Banos for their unexpected and very much appreciated support of the fireworks show and spoke regarding the "Push the Plunger" opportunity to start the firework show, and encouraged citizens to purchase their fireworks from the Los Banos Chamber of Commerce booth for which all proceeds go towards the Firework Show; POLICE CHIEF BRIZZEE introduced the two newest members of the Los Banos Police Department, dogs Charlie (Officer Dusty Norris's) and Maximus (Officer Bill Westbrook's) and explained the duties they provide to the City and community; BILL WESTBROOK introduced his family who was in attendance at the meeting; CITY MANAGER CARRIGAN inquired as to the prior Los Banos Police Department Dog, Capone, and his retirement for which Police Chief Brizzee spoke about. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Faria, seconded by Lewis to approve the consent agenda as submitted: Check Register for #146879 - #147242 in the Amount of $988,217.89; Minutes for the January 15, 2014 City Council Meeting; Minutes for the February 5, 2014 City Council Meeting. The motion carried by the affirmative action of all City Council Members present, Silveira absent.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT REGARDING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG). Police Chief Brizzee presented the staff report.

Council Member Lewis inquired as to bicycle patrol and if it was something the Los Banos Police Department would be instituting, for which Police Chief Brizzee stated that we have had bicycle patrol Police Officers in the past, but due to staffing issues we are currently not able to provide that service.

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

No action taken, just an opportunity for public comment.

CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 5575 -AWARDING CONTRACT FOR LEGAL ADVERTISING TO THE LOS BANOS ENTERPRISE FOR FISCAL YEAR ENDING JUNE 30. 2015 AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE AGREEMENT. City Clerk/Human Resources Director Mallonee presented the staff report.

Motion by Stonegrove, seconded by Lewis to adopt City Council Resolution No. 5575 -Awarding Contract for Legal Advertising to the Los Banos Enterprise for Fiscal Year Ending June 30, 2015 and Authorizing and Directing the City Manager to Execute the

Agreement. The motion carried by the affirmative action of all City Council Members present, Silveira absent.

PRESENTATION BY INFORMATION TECHNOLOGY DIRECTOR REGARDING COMPUTER SECURITY. IT Director Spalding presented the staff report, which included a PowerPoint presentation.

No action taken, just an opportunity for public comment.

ADVISEMENT OF PUBLIC NOTICES. (NO REPORT)

CITY MANAGER REPORT. City Manager Carrigan reported that Lori Flanders with MCAG wasn't able to make it to tonight's meeting as she is on the One Voice trip with Council Member Silveira, he spoke regarding MCAG's Regional Transportation Plan and the Public Hearing being held on May 13, 2014 here at City Hall in the Council Chambers and the public hearing on May 16, 2014 regarding the Bus System. City Manager Carrigan gave an update on the Revenue Sharing Agreement status, noting that city staff and county staff met today and he was hoping they would make significant process today, how the County is busy with the budget process as we are, how the City has no leverage in the case and if we move the agreement forward as it is now neither the City Councilor the County Board of Supervisors would approve it, the next meeting is in Los Banos on May 28, 2014 and is hoping to get the percentages turned into dollars and hopes to have better news at the June 4, 2014 City Council Meeting. Mayor Villalta spoke to how the Revenue Sharing Agreement discussions was brought forward by City staff not the City Council, he doesn't understand why nothing is getting done, this agreement was signed in 1997 and it is a bad agreement as the City is losing money to the County, and feels bad for City staff and City Attorney for all the good work they have done.

CITY COUNCIL MEMBER REPORTS.

DEBORAH LEWIS: Mentioned that the Los Banos Police Department has received a grant to be used for the purchase and installation of safety seats and the event being held on May 4, 2014, she spoke regarding the two motorcycle Police Officers back in the unit again which she is glad to see, on May 10,2014 Habitat for Humanity is joining working to promote Women's Build Week and encouraged women to participate in the events, on April 28, 2014 Kagome had their 25th Anniversary celebration and how wonderful it is to hear all the testimonies about Kagome and their successes especially how they have contributed to the community of Los Banos, congratulated Kagome and wished them another 25 years, how the Merced County Spring Fair ended last week and the Merced Fair is coming in June 11-14, 2014 and spoke regarding the tickets and events for the fair, encouraging all to come out and enjoy the fair.

City Manager Carrigan thanked Allied Waste for the $1,000 check/donation and congratulated Ron Brandt and the Fair Board on an excellent event, thanked the Police, Fire and Public Works Departments for all the work they did in and around the fair.

SCOTT SILVEIRA: Absent

ELIZABETH STONEGROVE: Thanked Erik Limon for being here and for the generous donation.

TOM FARIA: Thanked Eric Limon for being here, pleasure to teach him, spoke to Mrs. Sousa's concerns about the trucks at the old Lowe's site, the construction ditch at the Wal-Mart Shopping Center for which City Manager Carrigan and Public Works Director/City Engineer Fachin reported on. Council Member Faria noted that coming out the back of Home Depot, coming into Food 4 Less is also becoming a place for trucks to park too, thanked Kagome for all they've done for Los Banos over the years and how good it is to see them growing, how he loves factories; he spoke regarding the Revenue Sharing issue and hopes we can get it resolved and would like to do anything that can help the process, how the Spring Fair was a wonderful time, saw lots of people and lots of friends, recommend that everyone get out to all the various events in town and how Los Banos does great things, and thanked the community for all their support.

MA VOR MICHAEL VILLAL T A: Requested to add to the next agenda a City Council Member Request to discuss the Revenue Sharing Agreement. He spoke regarding the Spring Fair and how safe it was and a great family atmosphere, the City of Los Banos contributes thousands of dollars of in kind service during the fair, i.e. Police, Fire, Public Works, thanked all those who worked the event to make it safe, it was well organized and well planned, it is a fair that has been going on for 124 years, the upcoming Los Banos Chamber of Commerce Fathers Day in the Park event, how tomorrow is Los Banos' birthday, the Veterans Center Van that comes to town twice a month to provide much needed services at the Veterans Hall on F Street and would like to promote the services more, how Habitat is putting on workshops to assist people with construction, the Kagome Anniversary event was a great celebration of 25th years

ADJOURNMENT. The meeting was adjourned at the hour of 8:09 p.m. to

APPROVED:

Michael Villalta, Mayor ATTEST:


CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES

MAY 21,2014

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

CALL TO ORDER: Mayor Villa Ita called the City Council Meeting to order at the hour of 7:03 p.m.

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 Manager Carrigan, City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, City Treasurer/Accountant \I Brazil, Police Chief Brizzee, Fire Chief Guintini, Finance Director Williams, Public Works Director/City Engineer Fachin, Information Technology Director Spalding, Assistant Planner \I Elms.

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

PRESENTATION - PROCLAMATION RECOGNIZING NATIONAL VOLUNTEER WEEK. Mayor Villalta presented the proclamation to the Los Banos Police Department VITAL Volunteer Group and thanked them for all they do; Larry Leonardo thanked the City of Los Banos and the Los Banos Police Department for allowing them to do what they do, presented the VITAL Volunteer of the Year Award to Icabod Ngueyn for the year 2013, and a symbolic check to the City Council equal to the value of volunteer hours in the amount of $33,498, and recognized the hours worked/volunteered of those present at the meeting.

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.) GENEVA BRED, Los Banos, spoke regarding how we cannot change history, the upcoming Buffalo Soldier event on June 7, 2014 and encouraged all to support the passage of Senate Bill 225 to make this a National Historical Trail, Mayor Pro Tem Lewis has already volunteered to help out during the event; students from Mr. McNally's AP US History class were present (and in character) to speak about the upcoming Wax

Museum event being held on May 23, 2014 at the Henry Miller Plaza. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by , seconded by to approve the consent agenda as submitted: Check Register for #147243 -#147461 in the Amount of $1,301,952.03; Minutes for the Following City Council Meetings: February 19, 2014, March 5, 2014, March 19, 2014; City Council Resolution No. 5576 - Authorizing Award of Contract Agreement for the Exterior Painting of One (1) Five (5) Million Gallon Storage Tank to Quality Painting & Maintenance in the Amount of $157,000 and Authorizing the Public Works Director/City Engineer to Execute and Administrate the Contract Agreement. The motion carried by the affirmative action of all City Council Members present.

PUBLIC HEARING TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW THE USE OF A TYPE 41 ALCOHOL LICENSE FOR THE ON-SALE OF BEER AND WINE IN CONJUNCTION WITH AN EATING ESTABLISHMENT, LB STEAKHOUSE LOCATED AT 1639 E. PACHECO BOULEVARD, ASSESSOR'S PARCEL NUMBER 083-130-013; CITY COUNCIL RESOLUTION NO. 5577 - APPROVING CONDITIONAL USE PERMIT #2014-06 FOR THE ON-SALE OF BEER AND WINE FOR LB STEAKHOUSE LOCATED AT 1639 W. PACHECO BOULEVARD, MORE SPECIFICALLY INDENTIFIED AS ASSESSOR'S PARCEL NUMBER 083-130-013. Assistant Planner II Elms presented the staff report.

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

There was Council Member and staff discussion regarding if there were any responses or comments received, for which Assistant Planner II Elms stated there was not, how it will be nice see someone open back up that building and have a restaurant in there, and what they were doing to rehabilitate the building.

Motion by Faria, seconded by Lewis to adopt City Council Resolution No. 5577 -Approving Conditional Use Permit #2014-06 for the On-sale of Beer and Wine for LB Steakhouse Located at 1639 W. Pacheco Boulevard, More Specifically Indentified as Assessor's Parcel Number 083-130-013. The motion carried by the affirmative action of all City Council Members present.

COUNCIL MEMBER AGENDA REQUESTS. (TO SEE IF THERE IS A MAJORITY CONSENSUS TO HAVE STAFF EXPEND TIME ON THE ISSUE AND TO HEAR IT AT A FUTURE MEETING.)

REQUEST FROM MAYOR VILLALTA FOR UPDATE AND DISCUSSION ON REVENUE SHARING AGREEMENT. Mayor Villalta stated that for over three years the City has been working on negotiating a better deal with the County of Merced on the revenue sharing of our taxes and he would like to bring this forward for a an update an discussion. City Manager Carrigan stated that he can give a presentation on revenue sharing at future meeting.

Motion by Villalta, seconded by Lewis to place an item on the June 4, 2014 Agenda a Presentation Regarding Revenue Sharing. The motion carried by the affirmative action of all City Council Members present.

REQUEST FROM MAYOR VILLAL T A TO PLACE ON A FUTURE AGENDA FOR DISCUSSION - MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) RESOLUTION NO. 2011/05-05-01 AND THE CITY'S PARTICIPATION IN THE REGIONAL TRANSPORTATION IMPACT FEE (RTIF). (CONTINUED FROM APRIL 16,2014 MEETING) Mayor Villalta spoke to how he would like to discuss how we can maintain the residential fee for the City of Los Banos.

Motion by Villalta, seconded by Faria to place on the June 18, 2014 City Council agenda to have a Discussion Regarding Merced County Association of Governments (MCAG) Resolution No. 2011/08-05-01 and the City's Participation in the Regional Transportation Impact Fee (RTIF) and Removing Residential from RTIF and Keeping the Funds in Los Banos. The motion carried by the following vote: AYES: Faria, Lewis, Silveira, Villalta, NOES: Stonegrove.

Council Member Silveira stated that he would like to have a full presentation on RTIF, that he supports regional participation, and would like to look at different ways to fund regional projects. Mayor Villalta stated that he would like to go to the June 2014 MCAG meeting and ask that the RTIF model be put on as a discussion item.

ADVISEMENT OF PUBLIC NOTICES. (ONE REPORT) Assistant Planner II Elms stated that a public hearing will be held at the Planning Commission Meeting on May 28, 2014 to consider a Conditional Use Permit to allow the use of a Type 41 Alcohol License for the on-sale of beer and wine in conjunction with an eating establishment, Playa Azul, located at 2160 E. Pacheco Boulevard, APN 428-160-032.

CITY MANAGER REPORT. City Manger Carrigan spoke regarding the upcoming Budget Workshop on May 27, 2014 at 5:00 PM, inviting all to come join, the Homeless Encampment and all that has since December 2013 to date, how this isn't the end of the homeless issue, we will be coming back with grants, and wished all a happy and safe Memorial Day, noting that his dad is a veteran.

Council Member Stonegrove requested that City Manager Carrigan speak to the status of the CDBG grant and what we are going after for which he provided.

CITY COUNCIL MEMBER REPORTS.

DEBORAH LEWIS: Spoke regarding the Living Memorial Service held in Merced for all the fallen Police Officers in Merced County that she recently attended, how this year's ceremony was even better than last years, and stated how just like our military the police officers are our first line of defense in the City and thanked them for all they do, thanked the VITAL volunteers who do a wonderful job and our City couldn't function without them, May 25, 2014 there will be a Memorial Day Service at the National Cemetery in Gustine and encouraged all to attend, how she is looking forward to the Buffalo Soldiers Event and honored to be riding with Senator Canella and hopes the

route gets the recognition it deserves, Colonel Young and those like him were taken out of duty and were also our first forest rangers in the Yosemite and Redwood area, congratulations to the May Day Fair and the success they had, and spoke to the upcoming Merced County Fair in June and all the events going on there.

SCOTT SILVEIRA: Congratulated the VITAL volunteers for their dedication and volunteer work they do, good to see the progress on the homeless encampment situation and how the City helped facilitate the situation and get those people help who wanted it, how the new court house will be coming soon there on that location, thanked City Manager Carrigan and City staff for all the work they have done in regards to the homeless situation, wished all a happy Memorial Day, spoke to being absent at the last meeting because he was at the One Voice event in Washington, D.C. and spoke to all that he did while he was there representing Los Banos/Merced County, noting that Congressman Costa gave the group a personal tour of the Capitol, and how the trip was a unique experience, building relationships with other officials.

ELIZABETH STONEGROVE: Thanked the VITAL volunteers for what they do and also to the Animal Shelter volunteers, reminded all about the Los Banos High School Wax Museum being held May 23, 2014 from 3:30-5:30 P.M. at the Henry Miller Plaza.

TOM FARIA: Stated that he recently attended a Wellness Workshop today in Los Banos, thanked the VITAL volunteers for all they do to make our City better, spoke to the Buffalo Soldiers coming through town on June 7, 2014, the Wax Museum being held on Friday, May 23, 2014, the upcoming Memorial Day Service at the local cemetery, how June 14-15, 2014 will be a very busy weekend in Los Banos with Fathers Day in the Park being put on by the Los Banos Chamber of Commerce, upcoming DES Celebration, Flag Day, and its fishing season and there are lots of place to fish in Los Banos, and hoped that everyone enjoys the Memorial Day weekend.

MAYOR MICHAEL VILLAL TA: Spoke to the meaning of Memorial Day, how there are 14 men who have perished over 4 wars from Los Banos, thanked all the VITAL volunteers and for the service they provide and to the volunteer for Animals group, how he just got back from visiting his daughter in Illinois and attended a fundraiser for SIDS and how we have similar groups in town to raise funds for cancer research, encouraged all to volunteer, how he attended the Soroptimist Awards event last night and how the group focuses on the betterment of women and thanked them for what they do.

CLOSED SESSION

PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO GOVERNMENT CODE SECTION 54957, TITLE: CITY MANAGER. No action taken, advisement to staff only.

CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION 54957.6, AGENCY DESIGNATED REPRESENTATIVES: CITY ATTORNEY VAUGHN, CITY CLERK/HUMAN RESOURCES DIRECTOR MALLONEE; UNREPRESENTED EMPLOYEE: CITY MANAGER. No action taken, advisement to staff only.

ADJOURNMENT. The meeting was adjourned at the hour of 8:51 p.m. to 5:00 p.m., Tuesday, May 27, 2014 to Attend a 2014-2015 Fiscal Year Budget Workshop Being Held in the Council Chambers, 520 J Street, Los Banos, California.

APPROVED:

Michael Villa Ita, Mayor ATTEST:


TO:

FROM:

DATE:

LOS Banos Agenda Staff Report

Mayor & City Council Members

Lucy Mallonee, MMC ..JVr"" City Clerk/Human Resources Director

September 17, 2014

SUBJECT: 2014 Conflict-of-Interest Code Update

TYPE OF REPORT: Consent Agenda

Recommendation:

Adopt City Council Resolution amending the City's Conflict of Interest Code.

Background:

The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or, alternatively, that the code must be amended. Once the determination has been made, a notice must be submitted to the code reviewing body, in this case the City Council, no later than October 15t of even-numbered years.

On August 20, 2014, the City Council directed staff to review the City's current Conflict of Interest Code to determine whether or not an amendment was necessary.

With the assistance of the City Attorney, it was determined that an amendment to the code is required to designate additional positions and eliminate positions which no longer exist.

Discussion:

The terms of the code comprise the main body of a code and include such provisions as the manner to report financial interests, the disqualification procedures, etc. The Fair Political Practices Commission (FPPC) recommends that agencies incorporate

FPPC Regulation 18730 by reference because the type of information required to be in the main body of the code is quite complex and Regulation 18730 contains all of these provisions.

The code must specifically list positions that make or participate in making decisions. Typically, positions that involve voting on matters, appointing a person, or commits the City to any course of action, is defined as making a governmental decision. Typically positions that involve negotiating contracts, making recommendations on purchases without substantive review, advising or making recommendations to the decision maker by conducting research or an investigation, preparing or presenting a report, analysis or opinion which requires the exercise of judgment to influence a decision is defined as participating in the making of a governmental decision.

A primary purpose of the code is to require disclosure of those types of investments, interests in real property, sources of income and business positions that designated positions may affect in their decision-making. For example, the manager of an agency should be assigned full disclosure (all investments, interests in real property, and sources of income and business positions) because the manager makes decisions that affect a wide range of interests. Alternatively, a purchasing agent whose decisionmaking is limited to the purchase of office supplies should only be assigned disclosure of investments, sources of income and business positions in entities that provide office supplies, equipment or merchandise of the type used by the agency.

In short, a designated employee is an officer, employee, member or consultant of the City whose position is designated in the code because the position entails the making or participation in the making of governmental decisions which may foreseeably have a material effect on that person's financial interest. Positions listed in Government Code Section 87200 (i.e., City Council Members, Planning Commissioners, City Attorneys, City Managers, City Treasurer, ect.) are not required to be included in the code, because these positions are required by statute to file Form 700.

Fiscal Impact:

None.

Reviewed by:

Attachments:

2014 Local Agency Biennial Notice/Resolution No. 2116 Resolution

2014 Local Agency Biennial Notice

Name of Agency: _C_i...:ty_o_f_L_o_s_B_a_n_o_s _______________ _

Mailing Address: _5_2_0_J_S_tr_e_e....;t,_L_o_s_B_a_no_s--,,_C_A __ 9_3_6_3_5 _______ _

Contact Person: Lucy Mallonee Phone No: (209) 827-7000

E-Mail: [email protected]

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one box):

o An amendment is required. The following amendments are necessary:

(Mark all that app/y.)

o Include new positions (including consultants) that must be designated

o Revise disclosure categories

o Revise the titles of existing positions

o Delete positions that no longer make or participate in making govemmental decisions

o Other (describe) _________________________ _

o The code is currently under review by the code reviewing body.

o No amendment is required. (If your code is more than five years old, amendments may be necessary.)

Verification

This agency's conflict of interest code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions. The code includes all other provisions required by Government Code Section 87302.

Signature of Chief Executive Officer Date

Complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2014, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF THE CODE REVIEWING BODY HERE)

PLEASE DO NOT RETURN THIS FORM TO THE FPPC

California Fair Political Practices Commission www.fppc.ca.gov 866-275-3772 [email protected] 6/14

RESOLUTION NO. 2116

A RESOLUTION OF THE CITY OF LOS BANOS FOR ADOPTING CONFLICT OF INTEREST CODES WHICH INCORPORATE BY REFERENCE, THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE

WHEREAS, the Political Reform Act, Government Code

sections 81000, et seq., requires every state or local government

agency to adopt and promulgate a Conflict of Interest Code, and,

WHEREAS, the Fair Political Practices Commission has

adopted a regulation, 2 Cal. Adm. Code Section 18730, which

contains the terms of a standard model Conflict of Interest Code,

which can be incorporated by reference, and which will be amended

to conform to amendments in the Political Reform Act after public

notice and hearings conducted by the Fair Political Practices

commission pursuant to the Administrative Procedure Act,

Government Code Sections 11370, et seq., and,

WHEREAS, this body has determined that the attached

Appendices accurately set forth those positions which should be

designated and the categories of financial interests which should

be made reportable;

NOW THEREFORE, BE IT RESOLVED THAT:

14 The terms of 2 Cal. Adm. Code Section 18730 and any

amendments to it duly adopted by the Fair Political Practices

Commission along with the attached Appendices in which officials

and employees are designated and disclosure categories are set

forth, are hereby incorporated by reference and constitute the

Conflict of Interest Codes of the following departments and agencies:

See attached Appendix A.

2. Persons holding designated positions shall file

statements of economic interests pursuant to Section 4(c) of the

conflict of Interest Code.

The foregoing Resolution was introduced at a regular

meeting of the City Council of the City of Los Banos held on the

GERMINO. LAYNE. SRDDIE. RUNTE. MAGUIRE &. RUMMCNDS 1M1 E. PACIfECQ H1..W,

P. c. Hax"' LOB BANDS. DAl.IFCRNIA. 9li11685

16th day of __ ~J~u~n~e~ ______ , 1980, by Council Member ~A~u~st='='n~ ______ _

who moved its adoption, which motion was duly seconded by Cbuncil

Member ____ F".o"b=in:,:s::.o::.n=---______ , and the motion was passed by the

following roll call vote':

AYES: COUNCIL MEMBERS Austin, Lynn, O'Brien, Robinson and 11ayor Castellucci.

ATTEST:

NOES: COUNCIL MEMBERS none.

ABSENT: COUNCIL MEMBERS none.

APPROVED:

~£(fV~-Mayor - CTtYOf Los Banos

GEAMlNo. LAYN£, BRODIE. RUNTE. MAGUIRE & RUMMONDS IMI E. IPACfIEllC IIL.VD.

... o. amc"1 LOS BANaa. CALIF"QRNIA 9S6U

Page Two

Desi ons

City Manager Finance Officer Chief of Police Recreation Director Planning Director Building Inspector City Attorney City Engineer Fire Preventio Officer

CITY OF LOS BANOS

Appendix A

Disclosure Ca:t,egory

1,2 1,2 1,2 1,2 1,2 1,2 ,

1,2 1,2

GEllMINa. LAYNE. BRODIE. RUNTE, MAGUIRE & RUMNDNDS

Po 0. IIGX S'¥1

LOa BANas. CAt.IFCJRNIA 931535

CITY OF LOS BANOS

Appendix B

Gen al Provis·ions

When a designated employee is require to disclose

investmen and sources of income, he need on disclose

investments business entities and soure of income which

do business in e jurisdiction, plan to do business in the

jurisdiction or ha done business in e jurisdiction within

the past two (2) year. In additio to other activities, a

business entity is doing busines within the jurisdiction if it

~ real property within isdiction. When a designated

employee interests in real property,

he which is located'in whole

or in part within two (2) miles outside the

boundaries of the jur" diction or wi in two (2) miles of any

land owned or the local governm nt agency.

employees shall disc 5e their financial

interests the appropriate disclo ure category as

indicated in ppendix A.

ories

Category; investments and sources of income.

Categ y 2: All interests in real property.

BERMIND. LAYNE. BRODIE. RUNTE. MAGUIRE & RUMMONDS

p. a. acur; $9'1

LOS llANos, CALIFDRNIA 93835

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS AMENDING CITY COUNCIL RESOLUTION NO. 5421 RELATING TO THE CITY'S CONFLICT OF INTEREST CODE

WHEREAS, the City Council previously adopted Resolution No. 5421 amending the City's Conflict of Interest Code by incorporating by reference the Fair Political Practices Commission's standard model Conflict of Interest Code and updating the list of designated positions required to file a Conflict of Interest statement; and

WHEREAS, The Political Reform Act requires that the City Council review its Conflict of Interest Code biennially to determine accuracy; and

WHEREAS, Resolution 5421 adopted on September 19, 2012 amended the Conflict of Interest Code by updating Appendix A (list of designated positions and their disclosure categories); and

WHEREAS, upon a review of the City's Conflict of Interest Code and Appendices it has been determined that amendments are necessary to reflect changes in job titles, positions and classifications, and further that amendments are needed to add disclosure categories specifying those financial interests that designated positions must disclose.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. Resolution No. 5421 is hereby amended.

2. The terms of California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendices in which officials and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Los Banos.

3. Persons holding designated positions shall file statements of economic interest pursuant to the provisions of this Code.

4. All designated officials and employees shall file their statements of economic interests with the City Clerk of the City of Los Banos to whom the City Council hereby delegates the authority to carry out the duties of the filing officer. Statements shall be available for inspection and reproduction pursuant to Government Code Section 81008.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1 ih day of September 2014, by Council Member _ who moved its adoption, which motion was duly seconded by Council Member_ and the Resolution adopted by the following vote:

AYES: NOES: ABSENT:

APPROVED:


ATTEST:


Appendix A

CITY OF LOS BANOS LIST OF DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES1

Designated Positions

Administrationtive Services City Clerk Human Resources AdFRinistr:ative Services Director Assistant City ClerklHR Technician Payroll Technician HR Technician I

Finance Accounting & Budget Supervisor Accountant II Accountant I Accounts Payable Accounting Technician Accounting Clerk II Admin Clerk II Admin Clerk I

Community & Economic Development Community & Economic Development Director Associate Planner Assistant Planner II Assistant Planner! Planning Technician AdFRinistrative Assistant

Information Technology Information Technology Director Information Technology Technician

Public Works Public Works Director/City Engineer Assistant Public Works Director Public Works Operations Manager Parks & Recreation Operations Manager Office Manager Supervisor Administrative Coordinator Fleet Supervisor Maintenance Coordinator Foreman Inspector I

Disclosure Category

1 1 2 2 2

1 2 2 2 2 2 2

1 2 2 ~ 2 2

1 2

1 1 2 2 2 2 ~ 2 2 2

Administrative Assistant Engineering Technician Admin Clerk II Admin Clerk I

Fire Fire Chief Assistant Fire Chief Fire Captain Administrative Assistant Fire Clerl< II

Police Police Chief Police Commander Police Services Manager Police Sergeant Dispatch Supervisor

Other Positions Consultants2

Temporary Positions3

2 2 2 2

1 1 2 2 2

1 1 2 2 2

1 1

1 The Mayor and Council Members, Planning Commissioners, City Manager, City Attorney, and Treasurer/Financial Officer are required to file statements of economic interest pursuant to Government Code Section 87200, and are therefore, not included in the List of Designated Positions required to file pursuant to the City's conflict of interest code.

2 Consultants shall be included in the list of deSignated employees and shall disclose pursuant to the broadcast disclosure category in the code subject to the following limitation.

The City Manager may determine in writing that a particular consultant, although a "designated position", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

3 Temporary positions may be required to file a conflict of interest statement upon determination by the city attorney that the temporary position is the functional equivalent of a designated pOSition.

Category

1

2

3

Appendix B

CITY OF LOS BANOS DISCLOSURE CATEGORIES

Reportable Interests

Investments, business positions, income from sources located in or doing business in the jurisdiction, interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.

Investments, business positions, and sources of income of the type which provide services, supplies, materials, machinery or equipment of the type utilized by the City.

Investments, business positions, and sources of income of the type, which engage in, land development, construction or the acquisition or sale of property, interests in real property located within the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.

General Provisions

When a designated employee is required to disclose investments and sources of income, he/she need only disclose investments in business entities and sources of income, which do business in the jurisdiction, plan to do business in the jurisdiction, or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. When a designated employee is required to disclose interest in real property, he/she need only disclose real property, which is located in whole or in part within, or not more than two miles outside the boundaries of the jurisdiction or within two (2) miles of any land owned or used by the local government agency.

Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A.

A retention period for forms that have been filed from previous years is hereby established. That retention period shall be four (4) years or two (2) years after the designated employee leaves office.

LOS Banos

Agenda Staff Report

TO: Mayor and City Council Members

FROM: &Gary Brizzee, Chief of Police

DATE: September 17, 2014

SUBJECT: School Resource Officer (SRO) Memorandum of Understanding (MOU) With Merced County Office of Education (MCOE)


Recommendation:

That the City Council approve and authorize the signing of a Memorandum of Understanding between the City of Los Banos and the Merced County Office of Education for School Resource Officer services.

Discussion:

Since the opening of Valley High School several years ago the Los Banos Police Department has provided an SRO at that site through an MOU.

This year's proposal includes MCOE paying for 75% of one (1) police officers salary and benefits. The City would be responsible for the remaining 25%. MCOE has already approved this MOU. Additionally, this MOU has been reviewed and approved by the City Attorney.

Page 1 of2

Fiscal Impact:

The result of funding 25% of the officer's wages and benefits will be offset to some degree by cost savings related to less overtime being spent for vacation relief during the summer months.

For the 2014-2015 MCOE SRO MOU:

MCOE's share of salary and benefits will be approximately: $78,900.00 The City's share of salary and benefits will be approximately: $26,300.00.

Reviewed by:

~~ i2= Steve Carrigan, City Manager

Attachments:

MCOE MOU

Page 2 of2

RESOLUTION NO.

A RESOLUTION OF THE CITY OF LOS BANOS AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE MERCED COUNTY OFFICE OF EDUCATION FOR SCHOOL RESOURCE SERVICES FOR THE 2014-2015 SCHOOL YEAR

WHEREAS, the Merced County Office of Education operates a school for youth of Merced County within the geographic boundaries of the City of Los Banos; and

WHEREAS, the Los Banos Police Department has, for a number of years, provided a School Resource Officer (SRO) through a Memorandum of Understanding whereby the Office of Education reimburses the City for 75% of the Officers salary and benefits; and

WHEREAS, this agreement allows for the placement of a police officer on the school campus during school hours.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos authorizes the City Manager to enter into an agreement with Merced County Office of Education regarding a School Resource Officer agreement for the 2014-2015 school year.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of September 2015, by Council Member Stonegrove who moved its adoption, which motion was duly seconded by Council Member Silveira and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:


ATTEST:


AGREEMENT BETWEEN CITY OF LOS BANOS AND MERCED COUNTY OFFICE OF EDUCATION

SCHOOL RESOURCE OFFICER PROGRAM July 1, 2014 - June 30, 2015

THIS AGREEMENT entered into this __ day of ____ , 2014, by and between the

CITY OF LOS BANOS ("CITY") and the MERCED COUNTY OFFICE OF EDUCATION

("MCOE")

WHEREAS, the CITY and the MCOE wish to engage in a program to acquaint school

children with Law Enforcement Officers and promote relations and respect between youth and

Law Enforcement.

NOW, THEREFORE, the CITY and the MCOE mutually agree as follows:

I. The CITY shall provide a Los Banos Police Officer to serve as School Resource

Officer ("SRO") for the period beginning July 1, 2014 and ending June 30, 2015, for the

traditional school year (not to include summer school).

2. The Police Officer assigned shall receive training III the SRO Program.

Additionally, this officer shall continue to participate in all other types of training, meetings, etc.,

when deemed appropriate by the Chief of Police.

3. The SRO shall serve under the direct supervisory control of the Chief of Police or

his/her designated subordinate. The SRO supervisor will coordinate the services of the SRO

with the school principal.

4. In the event the SRO is absent from work, the SRO shall notify both his/her

supervisor and the principal of the school to which the SRO is assigned.

5. The SRO is not required to be on campus on non-school days with the exception

of staff in-service days related to paragraph 7 below.

6. MCOE shall provide the SRO with a place to work, furniture, internet, necessary

supplies and phone service.

7. When requested by the principal, the SRO will attend professional development

provided by the MCOE when the training of the SRO is necessary to effectively implement a

school program. Specifically, for the 2014-2015 school year, the principal may request that the

SRO attend professional development, along with school staff, related to the implementation of

the STRNE program.

8. The SRO shall present workshops to students, staff, and/or parents. Frequency of

workshops shall be at least once per quarter. Such subjects may include, but are not limited to: a

basic understanding of the law, the role of the police officer, careers in public safety, the impact

of felony convictions on future employment, etc. The SRO will collaborate with the school

principal to determine the most beneficial subjects and the target audience for each workshop.

9. The Chief of Police or his/her designated subordinate shall encourage the SRO to

attend extra-curricular activities such as but not limited to Back to School Night, Open House,

and Graduation.

10. When requested by the principal, the SRO shall attend parent/staff/administrative

meetings.

11. While on site additional administrative duties will be assigned by the Chief of

Police or his/her designed subordinate and completed by the SRO in support of the Los Banos

Police Department.

12. The SRO shall remain a CITY employee with all the rights and benefits of all

other employees of his/her classification. Further, such Officer shall be covered by the CITY's

workers' compensation insurance while serving as SRO

13. In the event of a disaster or unusual occurrence, the SRO may be temporarily

removed from the program to supplement police requirements. In the event of such occurrence,

2

the MCOE's share of the cost shall be suspended for the number of hours lost to the program

unless another officer is provided.

14. The Officer will not be replaced nor will the MCOE share of cost be reduced

during times when the SRO is off work due to vacation, CTO or sick leave. During times when

the SRO is off work due to a non-SRO related job injury, the City of Los Banos Police

Department shall arrange for a replacement SRO or the MCOE share of cost shall be suspended

until the SRO resumes full duty on the VCS LB (Valley Community School Los Banos)

campus. Non-SRO related job injury is defined as an injury occurring when the SRO is not

engaged in an activity outside the scope of his duties as an SRO.

15. Planned time off, such as vacations and CTO shall be coordinated with the School

Principal or his/her designee and the Chief of Police or his/her designee.

16. The MCOE agrees to share the cost of the SRO Program with the CITY for the

services provided in this agreement. The MCOE agrees to reimburse the CITY for 75% of the

SRO's annual salary and benefits, which shall not exceed and is calculated at $93,044.00

($124,058.00 x .75) for the 2014-2015 school year. Such reimbursement shall be paid to the

CITY from the MCOE, in two equal payments of not to exceed $46,522.00 payable on or before

December I, 2014 and on or before May 1, 2015.

17. This Agreement, notwithstanding anything to the contrary herein, may be

terminated by either party at any time without cause or legal excuse by providing the other party

with thirty (30) calendar days written notice of such termination.

18. MCOE shall hold CITY, its officers and employees, harmless and indemnify and

defend the CITY, its officers and employees, against the payment of any and all costs and

expenses, claims, suits and liability for bodily injury to or death of any person, and for death or

injury or loss of any property resulting from or arising out of, or in any way connected with any

3

negligent or wrongful acts or omissions of MCOE, its officers and employees, in performing or

failing to perform any work, services or functions provided for or referred to or in any way

connected with any work, services or functions to be performed under this agreement.

19. The CITY shall hold MCOE, its officers and employees harmless and indemnify

and defend the MCOE, its officers and employees against the payment of any and all costs and

expenses, claims, suits and liability for bodily and personal injury to or death of any person and

for death or injury or loss of any property resulting from or arising out of or in any way

connected with any negligent or wrongful acts or omissions of the CITY its officers and

employees in performing or failing to perform any work, services or functions provided for or

referred to or in any way connected with any work, services or functions to be performed under

this agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first herein written above.

CITY:

City of Los Banos, a municipal corporation

By: Steve Carrigan, City Manager

ATTEST:

By: Lucille Mallonee, City Clerk

APPROVED AS TO FORM:

By: William A. Vaughn, City Attorney

4

MCOE:

Merced County Office of Education,

By: Lori Gattuso, Principal Valley Community School, Los Banos


TO:

FROM:


Lucy Mallonee, MMC ~ City Clerk/Human Resources Director


SUBJECT: Mass Mutual Deferred Compensation Plan Amendment


Recommendation:

Adopt Resolution as submitted and authorize the Human Resources Director to execute any related documents.

Background:

The City of Los Banos has a tax deferred compensation plan in place with Mass Mutual and has recently received requests from employees to incorporate a ROTH IRA (Individual Retirement Account) option within the current plan.

Discussion:

This resolution would allow employees to open a ROTH IRA and contribute to their plan through payroll deduction.

Fiscal Impact:

None.

Reviewed by:

~~-Steve Carrigan, City Manager

LM:jrs

Attachment:

Resolution

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS AMENDING THE MASS MUTUAL DEFERRED COMPENSATION PLAN

WHEREAS, the City Council of the City of Los Banos has previously approved and adopted the City of Los Banos Deferred Compensation Plan ("Plan"), incorporated as Exhibit A, to provide employees of the Organization/Agency with retirement benefits; and

WHEREAS, the City Council does hereby declare the intention of the City of Los Banos to continue the Plan, but reserves the right to terminate or amend the Plan at any time; and

WHEREAS, the City Council is hereby authorized to take such actions and to execute such documents as they deem necessary or desirable in order to carry out the intent of the foregoing resolutions as required under the Plan to make the Plan fully effective in accordance with its terms and intent; and

WHEREAS, the City of Los Banos wishes to add a ROTH IRA (Individual Retirement Account) option to the current Plan to so as to provide an additional options for employees.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of September 2014, by Council Member _ who moved for its adoption, which motion was duly seconded by Council Member _, and the Resolution was adopted by the following vote:

AYES: NOES: ABSENT:

ATTEST:

Council Members None None


APPROVED:


EXHIBIT A

CITY OF LOS BANOS DEFERRED COMPENSATION PLAN

Effective Date of This Document September 1,2014

Neither MassMutual nor any of its employees can provide legal or tax advice in connection with the execution of this specimen document. Prior to execution of this document, you should consult with your legal or tax advisor on whether this document is appropriate for your plan.

GN - 060019 GPLANLVL - CORRSPND

Specimen 4S7(b) Plan Document Deferred Compensation Plan

Ver 102011

TABLE OF CONTENTS

PREAMBLE .................................................................................................................................. 1

SECTION I DEFINITIONS ........................................................................................................ 2

1.1 Plan Definitions ............................................................................................................ 2

SECTION II PARTICIPATION AND CONTRIBUTIONS .................................................... 6

2.1 Eligibility ....................................................................................................................... 6 2.2 Election .......................................................................................................................... 6 2.3 Commencement of Participation ................................................................................ 6 2.4 Amendment of Annual Deferral Election, Investment Direction, or

Beneficiary Designation ............................................................................................... 6 2.5 Information Provided by the Participant .................................................................. 7 2.6 Contributions Made Promptly .................................................................................... 7 2.7 Employer Contributions .............................................................................................. 7 2.8 Leave of Absence .......................................................................................................... 7 2.9 Disability ....................................................................................................................... 7 2.10 Protection of Persons Who Serve in a Uniformed Service ....................................... 7 2.11 Corrective Measures ...•..........................•..........•.............................•..........................•. 8

SECTION III LIMITATIONS ON AMOUNTS DEFERRED ................................................. 9

3.1 Basic Annual Limitation ............................................•.......•....•...............•.•...........•..... 9 3.2 Age 50 Catch-up Annual Deferral Contributions ..................................................... 9 3.3 Special Section 457 Catch-up Limitation ................................................................... 9 3.4 Special Rules ............................................................................................................... 10 3.5 Correction of Excess Deferrals ................................................................................. 11

SECTION IV INVESTMENT RESPONSIBILITIES ............................................................. 12

4.1 Investment of Deferred Amount ........................................•..........................•........... 12 4.2 Investment Election for Future Contributions ........................................................ 12 4.3 Investment Changes for an Existing Account Balance ........................................... 12 4.4 Investment Responsibility ...............................................................................•......... 12 4.5 Default Investment Fund .................•.............................•.........•................................• 12 4.6 Statements ................................................................................................................... 13

SECTION V LOANS .................................................................................................................. 14

5.1 Loans ..................•............................................•.................................•.....•................... 14 5.2 Maximum Loan Amount ........................................................................................... 14 5.3 Terms of Loan ............................................................................................................ 14 5.4 Security for Loan; Default ........................................................................................ 16 5.5 Repayment ..........................•.....................•......•...........•....................•.•....................... 16

SECTION VI DISTRIBUTIONS .......................................................•...•......•........................... 18

6.1 Distributions from the Plan .........•..............................................................•..........•... 18 6.2 Benefit Distributions Upon Severance from Employment ....•...............................• 18


Specimen 457(b) Plan Document Deferred Compensation Plan

Ver 102011

6.3 Distributions on Account of Participant's Death .........................•.......................... 19 6.4 Distribution of Small Account Balances Without Participant's Consent. ............ 19 6.5 Forms of Distribution ................................................................................................ 20 6.6 Minimum Distribution Requirements ...................................................................... 20 6.7 Payments to Minors and Incompetents .................................................................... 26 6.8 Procedure When Distributee Cannot Be Located ................................................... 26 6.9 Direct Rollover ........................................................................................................... 27 6.10 Inservice Distributions ............................................................................................... 28 6.11 Qualified Distributions for Retired Public Safety Officers .................................... 30

SECTION VII ROLLOVERS AND PLAN TRANSFERS ..................................................... 31

7.1 Eligible Rollover Contributions to the Plan ............................................................ 31 7.2 Plan-to-Plan Transfers to the Plan ........................................................................... 31 7.3 Plan-to-Plan Transfers from the Plan ...................................................................... 32 7.4 Permissive Service Credit Transfers ........................................................................ 33

SECTION VIII BENEFICIARY ............................................................................................... 34

8.1 Beneficiary Designation ............................................................................................. 34

SECTION IX ADMINISTRATION AND ACCOUNTING ................................................... 35

9.1 Administrator ............................................................................................................. 35 9.2 Administrative Costs ................................................................................................. 35 9.3 Paperless Administration .......................................................................................... 35

SECTION X AMENDMENTS .................................................................................................. 37

10.1 Amendment ................................................................................................................ 37 10.2 Conformation ............................................................................................................. 37 10.3 Plan Termination ....................................................................................................... 37

SECTION XI TRUST FUND ..................................................................................................... 38

11.1 Trust Fund .................................................................................................................. 38

SECTION XII MISCELLANEOUS ......................................................................................... 39

12.1 Non-Assignability ....................................................................................................... 39 12.2 Domestic Relation Orders ......................................................................................... 39 12.3 IRS Levy ..................................................................................................................... 39 12.4 Mistaken Contributions ............................................................................................. 39 12.5 Employment ................................................................................................................ 40 12.6 Successors and Assigns .............................................................................................. 40 12.7 Written Notice ............................................................................................................ 40 12.8 Total Agreement ......................................................................................................... 40 12.9 Gender ......................................................................................................................... 40 12.10 Controlling Law ......................................................................................................... 40

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11 Specimen 4S7(b) Plan Document

Deferred Compensation Plan Ver 102011

Adoption of Plan

4S7(b) PLAN DOCUMENT

DEFERRED COMPENSATION PLAN

PREAMBLE

The City of Los Banos Deferred Compensation Plan (hereinafter "the Plan"), an eligible deferred compensation plan within the meaning of Section 457(b) of the Internal Revenue Code of 1986, as amended (hereinafter the "Code"), of a State or local government as described in Code Section 457(e)(1)(A), adopted by City of Los Banos (hereinafter the "Employer") effective September I, 2014.

Pumose of Plan

The primary purpose of this Plan is to permit Employees of the Employer to enter into an agreement which will provide for deferral of payment of a portion of his or her current compensation until death, retirement, severance from employment, or other event, in accordance with the provisions of the Code Section 457(b), with other applicable provisions of the Code, and in accordance with the General Statutes ofthe State.

Status of Plan

It is intended that the Plan shall qualify as an eligible deferred compensation plan within the meaning of Code Section 457(b) sponsored by an eligible employer within the meaning of Code Section 457( e)(l )(A), i.e., a State, political subdivision of a State, and agency or instrumentality of a State or political subdivision of a State.

Tax Consequences of Plan

The Employer does not and canoot represent or guarantee that any particular federal or State income, payroll, or other tax consequence will occur by reason of participation in this Plan. A Participant should consult with his or her own counselor other representative regarding all tax or other consequences of participation in this Plan.



Ver 102011

1.1 Plan Defmitions

SECTION I DEFINITIONS

For purposes of this Plan, the following words and phrases have the meaning set forth below, unless a different meaning is plainly required by the context:

An "Account Balance" means the bookkeeping account maintained with respect to each Participant which reflects the value of the deferred Compensation credited to the Participant, including the Participant's Annual Deferrals, the earnings or loss of the Trust Fund (net of Trust Fund expenses) allocable to the Participant, any transfers for the Participant's benefit, and any distribution made to the Participant or the Participant's Beneficiary. If a Participant has more than one Beneficiary at the time of the Participant's death, then a separate Account Balance shall be maintained for each Beneficiary. The Account Balance includes any account established under Section VII for rollover contributions and plan-to-plan transfers made for a Participant, the account established for a Beneficiary after a Participant's death, and any account or accounts established for an alternate payee (as defined in Code Section 414(P)(8)).

The" Administrator" means the Employer. The term Administrator includes any person or persons, committee, or organization appointed by the Employer to administer the Plan.

An "Annual Deferral" means the amount of Compensation deferred in any calendar year.

The "Beneficiary" of a Participant means the person or persons (or, if none, the Participant's estate) who is entitled under the provisions of the Plan to receive a distribution in the event the Participant dies before receiving distribution of his or her entire interest under the Plan.

The "Code" means the Internal Revenue Code of 1986, as now in effect or as hereafter amended from time to time. Reference to a Code Section includes such section and any comparable section or sections of any future legislation that amends, supplements, or supersedes such section.

The" Compensation" of a Participant means all cash compensation for services to the Employer, including salary, wages, fees, commissions, bonuses, and overtime pay, that is includible in the Employee's gross income for the calendar year, including, as applicable, compensation attributable to services as an independent contractor, plus amounts that would be cash compensation for services to the Employer includible in the Employee's gross income for the calendar year but for a compensation reduction election under Code Section 125, 132(f), 401(k), 403(b), or 457(b) (including an election to defer compensation under Section II).

Any payments described below made to a Participant after a Severance from Employment shall qualify as Compensation for purposes of the Plan, but only if the payments are made by the later of (a) the end of the calendar year in which the Severance from Employment occurred or (b) within 2 Y, months of such Severance from Employment:

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2 Specimen 457(b) Plan Document

Deferred Compensation Plan Vcr 102011

(a) Payments that, absent a Severance from Employment, would have been paid to the Participant while the Participant continued in employment with the Employer, but only if such payments constitute regular compensation for services during the Participant's regular working hours, compensation for services outside the Participant's regular working hours (such as overtime or a shift differential), commissions, bonuses or other similar compensation.

(b) Payments for accrued bona fide sick, vacation or other leave, but only if the Participant would have been able to use the leave if employment had continued.

Any payment that is not described above shall not be considered Compensation if it is paid after the date ofthe Participant's Severance from Employment, even if it is paid within 2 Y2 months of such date. Thus, for example, Compensation does not include severance pay.

For years beginning after December 31, 2008, (a) a Participant receiving a differential wage payment, as defined by Code §3401(h)(2), by reason of qualified military service (within the meaning of Code Section 414(u», is treated as an Employee of the Employer making the payment and (b) the differential wage payment is treated as Compensation.

An "Employee" means each natural person who is employed by the Employer as a common law employee on a full time basis; provided, however, that the term Employee shall not include a leased employee or any employee who is included in a unit of employees covered by a collective bargaining agreement that does not specifically provide for participation in the Plan.

Any individual who is not treated by the Employer as a common law employee of the Employer shall be excluded from Plan participation even if a court or administrative agency determines that such individual is a common law employee of the Employer, unless the Employer has included the individual in Plan participation as an independent contractor.

An "Employer" means the eligible employer (within the meaning of Code Section 457(e)(1» that has adopted the Plan. In the case of an eligible employer that is an agency or instrumentality of a political subdivision of a State within the meaning of Code Section 457( e)(1 )(A), the term Employer shall include any other agency or instrumentality of the same political subdivision that has adopted the Plan.

"Includible Compensation" means, with respect to a taxable year, the Participant's compensation as defined in Code Section 415( c )(3) and the regulations thereunder, for services performed for the Employer. The amount ofInciudible Compensation is determined without regard to any community property laws.

"Normal Retirement Age" means age 70 Y2, unless the Participant has elected an alternate Normal Retirement Age and delivered such election to the Administrator. Such date shall be no earlier than the earliest date that the Participant will become eligible to retire and receive, under the basic defined benefit pension plan of the Employer (or a money purchase plan in which the Participant also participates if the Participant is not eligible to participate in a defined benefit plan) immediate retirement benefits without actuarial or similar reduction because of retirement before some later specified age, but not greater than age 70 Y2. If a Participant continues

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employment after attaining age 70 Yo, not having previously elected an alternate Normal Retirement Age, the Participant's alternate Normal Retirement Age shall not be later than the mandatory retirement age, if any, established by the Employer, or any age at which the Participant actually has a Severance from Employment if the Employer has no mandatory retirement age. If the Participant will not become eligible to receive benefits under a basic defined benefit pension plan (or money purchase pension plan, if applicable) maintained by the Employer, the Participant's alternate Normal Retirement Age may not be earlier than age 65 and may not be later than age 70 \1,.

In the event a Participant is a qualified police or firefighter (as defined under Code Section 415(b )(2)(H)(ii)(I)) Normal Retirement Age means age 70 Y2, unless the Participant has elected an alternate Normal Retirement Age and delivered such election to the Administrator. Such date shall be no earlier than the earliest date that the Participant will become eligible to retire and receive, under the basic defined benefit pension plan of the Employer (or a money purchase plan in which the Participant also participates if the Participant is not eligible to participate in a defined benefit plan), irmnediate retirement benefits without actuarial or similar reduction because of retirement before some later specified age which may not be earlier than age 40 and may not be later than age 70 \1,.

A Participant's Normal Retirement Age must be the same as his or her normal retirement age under any other eligible deferred compensation plan or plans sponsored by the Employer. The designation of a Normal Retirement Age under the Plan does not compel retirement with the Employer.

The "Participant" means an individual who is currently deferring Compensation, or who has previously deferred Compensation under the Plan by salary reduction and who has not received a distribution of his or her entire benefit under the Plan. Only individuals who perform services for the Employer as an Employee may defer Compensation under the Plan.

"Plan Year" means the calendar year.

"Roth Contributions" means the amount of any Annual Deferral elected by a Participant that is irrevocably designated by the Participant as being made pursuant to, and intended to comply with, Code Section 402A. Roth Contributions are includable in the Participant's taxable gross income at the time they are contributed to the Plan and have been irrevocably designated as Roth Annual Deferrals by the Participant in their deferral agreement. The Administrator shall establish and maintain for the Employee a separate account for any Roth Contributions made to the Plan, to which only Roth Contributions and the income attributable thereto shall be allocated. Roth Contributions also includes any contributions made to another eligible retirement plan that are rolled over to the Plan in accordance with the provisions of Section 7.1 and that the Participant designated as Roth contributions at the time they were contributed to such other plan.

"Severance from Employment" means the date that the Employee dies, retires, or otherwise has a severance from employment with the Employer, as determined by the Administrator (and taking into account guidance issued under the Code). Solely for the purpose of determining whether the Participant is entitled to receive a distribution of his or her Account Balance pursuant to Section 6.2, a Participant shaH be treated as having incurred a severance from




employment during any period the Participant is perfonning service in the unifonned services (as defined in chapter 43 of title 38, United States Code) while on active duty for a period of more than 30 days.

The "State" means the State that is the Employer or of which the Employer is a political subdivision, and any agency, or instrumentality, including any agency or instrumentality of a political subdivision of the State, or the State in which the Employer is located.

The "Trust Fund" means the trust fund created under and subject to a trust agreement or a custodial account or contract described in Code Section 401(f) held on behalf of the Plan.

The "Valuation Date" means each business day.

5 GN - 060019 GPLANLVL - CORRSPND


Ver 102011

2.1 Eligibility

SECTION II PARTICIPATION AND CONTRIBUTIONS

Each Employee shall be eligible to participate in the Plan and defer Compensation hereunder immediately upon becoming employed by the Employer.

2.2 Election

An Employee may elect to become a Participant by executing an election to defer a portion of his or her Compensation (and to have that amount contributed as an Annual Deferral on his or her behalf) and filing such election with the Administrator. This participation election shall be made on the deferral agreement provided by the Administrator under which the Employee agrees to be bound by all the terms and conditions of the Plan. Any such election shall remain in effect until a new election is filed. The Administrator may establish a minimum deferral amount, and may change such minimums from time to time. The deferral agreement shall also include designation of investment funds and a designation of Beneficiary. The deferral agreement may also include a Participant's designation that all or a portion of the Annual Deferral elected by the Participant shall be treated as Roth Contributions.

2.3 Commencement of Participation

An Employee shall become a Participant as soon as administratively practicable following the date the Employee files an election pursuant to Section 2.2. Such election shall become effective no later than the calendar month following the month in which the election is made. A new Employee may defer compensation payable in the calendar month during which the Participant first becomes an Employee if an agreement providing for the deferral is entered into on or before the first day on which the Participant performs services for the Employer.

2.4 Amendment of Annual Deferral Election, Investment Direction, or Beneficiary Designation

Subject to other provisions of the Plan, a Participant may at any time revise his or her participation election, including a change ofthe amount of his or her Annual Deferrals, his or her investment direction and his or her designated Beneficiary. The revised participation election may also include a change in the Participant's designation of the amount of the Annual Deferral elected by the Participant that is to be treated as Roth Contributions. Unless the election specifies a later effective date, a change in the amount of the Annual Deferrals shall take effect as of the first day of the next following month or as soon as administratively practicable ifiater. A change in the investment direction shall take effect as of the date provided by the Administrator on a uniform basis for all Employees. A change in the Beneficiary designation shall take effect when the election is accepted by the Administrator.

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2.5 Information Provided by the Participant

Each Employee enrolling in the Plan should provide to the Administrator at the time of initial enrollment, and later if there are any changes, any information necessary or advisable for the Administrator to administer the plan, including, without limitation, whether the Employee is a participant in any other eligible plan under Code Section 457(b).

2.6 Contributions Made Promptly

Annual Deferrals by the Participant under the Plan shall be transferred to the Trust Fund within a period that is not longer than is reasonable for the proper administration of the Participant's Account Balance. For this purpose, Annual Deferrals shall be treated as contributed within a period that is not longer than is reasonable for the proper administration if the contribution is made to the Trust Fund within 15 business days following the end of the month in which the amount would otherwise have been paid to the Participant, or earlier if required by law.

2.7 Employer Contributions

Nothing in this Plan prohibits the Employer from making armual deferrals to the Account Balance of a Participant on a non-elective basis, subject to the Participant's contribution limits in Section Ill.

2.8 Leave of Absence

Unless an election is otherwise revised, if a Participant is absent from work by leave of absence, Annual Deferrals under the Plan shall continue to the extent that Compensation continues.

2.9 Disability

A disabled Participant (as determined by the Administrator) may elect Annual Deferrals during any portion of the period of his or her disability to the extent that he or she has actual Compensation (not imputed Compensation and not disability benefits) from which to make contributions to the Plan and has not had a Severance from Employment.

2.10 Protection of Persons Who Serve in a Uniformed Service

An Employee whose employment is interrupted by qualified military service under Code Section 414(u) or who is on a leave of absence for qualified military service under Code Section 414(u) may elect to make additional Annual Deferrals upon resumption of employment with the Employer equal to the maximum Annual Deferrals that the Employee could have elected during that period ifthe Employee's employment with the Employer had continued (at the same level of Compensation) without the interruption or leave, reduced by the Annual Deferrals, if any, actually made for the Employee during the period of the interruption or leave. This right applies for five years following the resumption of employment (or, if sooner, for a period equal to three times the period of the interruption or leave).

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A reemployed Employee shall also be entitled to an allocation of any additional Employer Contributions, if applicable, that such Employee would have received under the Plan had the Employee continued to be employed as an eligible Employee during the period of qualified military service. Such restorative Employer Contributions (without interest), if applicable, shall be remitted by the Employer to the Plan on behalf of the Employee within 90 days after the date of the Employee's reemployment or, ifiater, as of the date the contributions are otherwise due for the year in which the applicable qualified military service was performed.

2.11 Corrective Measures

In the event that an otherwise eligible Employee is erroneously omitted from Plan participation, or an otherwise ineligible individual is erroneously included in the Plan, the Employer shall take such corrective measures as may be permitted by applicable law. Such measures may include, in the case of an erroneously omitted Employee, contributions made by the Employer to the Plan on behalf of such Employee equal to the missed deferral opportunity, subject to the Participant's contribution limits in Section III, and, in the case of an erroneously included individual, a payment by the Employer to such individual of additional compensation in an amount equal to the amount of the individual's elective deferrals under the Plan.


8 Specimen 457(b) Plnn Document

Deferred Compensation Plan Vcr 102011

SECTION III LIMITATIONS ON AMOUNTS DEFERRED

3.1 Basic Annual Limitation

(a) The maximum amount of the Annual Deferral and, if applicable, Employer Contributions under the Plan for any calendar year shall not exceed the lesser of:

(i) The "applicable dollar amount" (as defined in paragraph (b) below); or

(ii) The Participant's Includible Compensation for the calendar year.

(b) The "applicable dollar amount" means the amount established under Code Section 457(e)(l5), as indexed, and in accordance with Section 3.4(a).

(c) Rollover amounts received by the Plan under Treasury Regulation Section 1.457-10(e) and any plan-to-plan transfer into the Plan made pursuant to Section 7.2 shall not be applied against the Annual Deferral limit.

3.2 Age 50 Catch-up Annual Deferral Contributions

A Participant who will attain age 50 or more by the end of a calendar year is permitted to elect an additional amount of Annual Deferral for the calendar year, up to the maximum age 50 catch-up Annual Deferral limit under §414(v)(2), as indexed.

The amount of the age 50 catch-up Annual Deferral for any calendar year cannot exceed the amount of the Participant's Compensation, reduced by the amount of the elective deferred compensation, or other elective deferrals, made by the Participant under the Plan and in accordance with Section 3.4(a).

The age 50 catch-up Annual Deferral limit is not available to a Participant for any calendar year for which the Special Section 457 Catch-up Limitation described in Section 3.3 is available and applied.

3.3 Special Section 457 Catch-up Limitation

Notwithstanding the provisions of Sections 3.1 and 3.2, with respect to a year that is one of a Participant's last three (3) calendar years ending before the year in which the Participant attains Normal Retirement Age and the amount determined under this Section 3.3 exceeds the amount computed under Sections 3.1 and 3.2, then the Annual Deferral limit under this Section 3.3 shall be the lesser of:

(a) An amount equal to two (2) times the Section 3.1 Applicable Dollar Amount for such year; or

(b) The sum of:

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(i) An amount equal to (A) the aggregate Section 3.1 limit for the current year plus each prior calendar year beginning after December 31, 2001, during which the Participant was an Employee under the Plan, minus (B) the aggregate amount of Compensation that the Participant deferred under the Plan during such years, plus

(ii) An amount equal to (A) the aggregate limit referred to in Code Section 457(b )(2) for each prior calendar year beginning after December 31, 1978, and before January I, 2002, during which the Participant was an Employee (determined without regard to Sections 3.2 and 3.3), minus (B) the aggregate contributions to Pre-2002 Coordination Plans (as defined in Section 3.4(c)) made by or on behalf of the Participant for such years.

However, in no event can the deferred amount be more than the Participant's Compensation for the year.

3.4 Special Rules

For purposes of this Section III, the following rules shall apply:

(a) Participant Covered By More Than One Eligible Plan. If the Participant is or has been a participant in one or more other eligible plans within the meaning of Code Section 457(b), then this Plan and all such other plans shall be considered as one plan for purposes of applying the foregoing limitations of this Section III. For this purpose, the Administrator shall take into account any other such eligible plan maintained by the Employer and shall also take into account any other such eligible plan for which the Administrator receives from the Participant sufficient information concerning his or her participation in such other plan.

(b) Pre-Participation Years. In applying Section 3.3, a year shall be taken into account only if (i) the Participant was eligible to participate in the Plan during all or a portion of the year and (ii) Compensation deferred, if any, under the Plan during the year was subject to the Basic Annual Limitation described in Section 3.1 or any other plan ceiling required by Code Section 457(b).

(c) Pre-2002 Coordination Years. For purposes of Section 3.3(b )(ii)(B), "contributions to Pre-2002 Coordination Plans" means any employer contribution, salary reduction or elective contribution under any other eligible Code Section 457(b) plan, or a salary reduction or elective contribution under any Code Section 40 1 (k) qualified cash or deferred arrangement, Code Section 402(h)(1 )(B) simplified employee pension (SARSEP), Code Section 403(b) annuity contract, and Code Section 408(P) simple retirement account, or under any plan for which a deduction is allowed because of a contribution to an organization described in Code Section 501(c)(18), including plans, arrangements or accounts maintained by the Employer or any employer for whom the Participant performed services. However, the contributions for any calendar year are only taken into account for purposes of Section 3.3(b )(ii)(B) to the extent that the total of such contributions does not exceed the aggregate limit referred to in Code Section 457(b )(2) for that year.




(d) Disregard Excess Deferral. For purposes of Sections 3.1, 3.2, and 3.3, an individual is treated as not having deferred compensation under a plan for a prior taxable year if excess deferrals under the plan are distributed, as described in Section 3.5. To the extent that the combined deferrals for pre-2002 years exceeded the maximum deferral limitations, the amount is treated as an excess deferral for those prior years.

3.5 Correction of Excess Deferrals

If the Annual Deferral on behalf of a Participant for any calendar year exceeds the limitations described above, or the Annual Deferral on behalf of a Participant for any calendar year exceeds the limitations described above when combined with other amounts deferred by the Participant under another eligible deferred compensation plan under Code Section 457(b) for which the Participant provides information that is accepted by the Administrator, then the Annual Deferral, to the extent in excess of the applicable limitation (adjusted for any income or loss in value, if any, allocable thereto), shall be distributed to the Participant as soon as administratively practicable after the Administrator determines that the amount is an excess deferral. If a Participant to whom distribution must be made in accordance with the preceding sentence has made Roth Contributions for the year, the amount distributed as an excess deferral shall be made first from pre-tax Annual Deferrals, then from Roth Contributions for the year unless otherwise specified.



Deferred Compensation Plan Ver lO2011

SECTION IV INVESTMENT RESPONSIBILITIES

4.1 Investment of Deferred Amount

Each Participant or Beneficiary shall direct the investment of amounts held in his or her Account Balance under the Plan among the investment options of the Trust Fund. The investment of amounts segregated on behalf of an alternate payee pursuant to a Plan approved domestic relations order (as defined under Code Section 4l4(P)) maybe directed by such alternate payee to the extent provided in such order. In the absence of such direction, such amounts shall be invested in the same manner as they were immediately before such segregation was made on account of such order. Each Account Balance shall share in any gains or losses of the investment( s) in which such account is invested.

4.2 Investment Election for Future Contributions

A Participant may amend his or her investment election at such times and by such manner and form as prescribed by the Administrator. Such election will, unless specifically stated otherwise, apply only to future amounts contributed under the Plan.

4.3 Investment Changes for an Existing Account Balance

The Participant, Beneficiary, alternate payee, or Administrator may elect to transfer amounts in his Account Balance among and between those investments available under the Trust Fund at such times and by such manner and form prescribed by the Administrator, subject further to any restrictions or limitations placed on any investment by the Administrator to be uniformly applied to all Participants.

4.4 Investment Responsibility

To the extent that a Participant, Beneficiary, or alternate payee exercises control over the investment of amounts credited to his Account Balance, the Employer, the Administrator, and any other fiduciary of the Plan shall not be liable for any losses that are the direct and necessary result of investment instructions given by a Participant, Beneficiary or an alternate payee.

4.5 Default Investment Fund

The Employer shall maintain a Default Investment Fund which shall be held and administered under the Trust Fund. Any Participant who does not make an investment election on the deferral agreement provided by the Administrator will have his contributions invested in the Default Investment Fund until such time he provides investment direction under Sections 4.2 and 4.3. Additionally, a Beneficiary or alternate payee who does not make an investment election will have his Account Balance invested in the Default Investment Fund until such time he provides investment direction under Section 4.3. The interest of each Participant, Beneficiary, or alternate payee under the Plan in the Default Investment Fund shall be an undivided interest.




4.6 Statements

The Administrator wiIl cause statements to be issued periodically to reflect the contributions and actual earnings posted to the Account Balances.

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5.1 Loans

SECTION V LOANS

The Employer may elect to make loans available to Participants who are Employees. If the Employer has elected to make loans available to Participants who are Employees, the Employer shall establish written guidelines governing the granting and administration ofloans, which are hereby incorporated into and made part of the Plan provided that such guidelines are approved by the Administrator and are not inconsistent with the provisions of this Section V. To the extent such guidelines are more restrictive than the provisions of the Plan and are not inconsistent with the provisions of Code Section 72(P) and regulations issued thereunder, the guidelines shall be controlling.

Except as modified by the Plan's loan program policy and procedures adopted by the Administrator, the following rules shall apply to loans under the Plan. Any loans that are issued under the Plan shall be administered in a manner consistent with the requirements of Code Section 72(P), Treasury Regulations 1. 72(P) and any other applicable guidance issued thereunder.

5.2 Maximum Loan Amount

No loan to a Participant hereunder may exceed the lesser of:

(a) $50,000, reduced by the excess (if any) of (i) the highest outstanding balance of loans from the Plan during the preceding one-year period ending on the day before the date the loan is approved by the Administrator (not taking into account any payments made during such one-year period) over (ii) the outstanding balance of loans from the Plan on the date the loan is approved by the Administrator; or

(b) one half of the value of the Participant's Account Balance (as of the Valuation Date immediately preceding the date on which such loan is approved by the Administrator).

For purposes of this Section 5.2, any loan from any other plan maintained by a participating employer shall be treated as if it were a loan made from the Plan, and the Participant's vested interest under any such other plan shall be considered a vested interest under this Plan; provided, however, that the provisions of this paragraph shall not be applied so as to allow the amount of a loan under this Section 5.2 to exceed the amount that would otherwise be permitted in the absence ofthis paragraph.

5.3 Terms of Loan

The terms ofthe loan shall:

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(a) charge a reasonable interest rate commensurate with current interest rates charged for loans made under similar circumstances by persons in the business of lending money (subject to the requirements of the Servicemembers Civil Relief Act).

(b) require that the minimum loan term be 12 months;

(c) require that the loan be repaid within five years unless the Participant certifies in writing to the Administrator that the loan is to be used to acquire any dwelling unit which within a reasonable time is to be used (determined at the time the loan is made) as a principal residence (as defined in Code Section 121) of the Participant;

(d) require substantially level amortization of such loan with payments not less frequently than quarterly throughout the repayment period. If a loan is made from both a Participant's Roth Contribution account and his or her other accounts under the Plan, the level amortization requirement shall be met with respect to both his or her Roth Contributions account and his or her other accounts under the Plan. Notwithstanding the foregoing, if so provided in the written guidelines applicable to Plan loans, the amortization schedule may be waived and payments suspended while a Participant is on a leave of absence from employment with an Employer (for periods in which the Participant does not perform military service as described in paragraph (d)), provided that all of the following requirements are met:

(i) Such leave is either without payor at a reduced rate of pay that, after withholding for employment and income taxes, is less than the amount required to be paid under the amortization schedule;

(ii) Payments resume after the earlier of (1) the date such leave of absence ends or (2) the one-year anniversary of the date such leave began;

(iii) The period during which payments are suspended does not exceed one year;

(iv) Payments resume in an amount not less than the amount required under the original amortization schedule; and

(v) The waiver of the amortization schedule does not extend the period of the loan beyond the maximum period permitted under this Section 5.3.

(e) If a Participant is absent from employment with any participating employer for a period during which he or she performs services in the uniformed services (as defined in chapter 45 of title 38 ofthe United States Code), whether or not such services constitute qualified military service, the suspension of payments shall not be taken into account for purposes of applying paragraph (d) ofthis Section 5.3 provided that all ofthe following requirements are met:

(i) Payments resume upon completion of such military service;




(ii) Payments resume in an amount not less than the amount required under the original amortization schedule and continue in such amount until the loan is repaid in full;

(iii) Upon resumption, payments are made no less frequently than required under the original amortization schedule and continue under such schedule until the loan is repaid in full; and

(iv) The loan is repaid in full, including interest accrued during the period of such military service, no later than the maximum period otherwise permitted under this Section V extended by the period of such military service.

(f) The loan shall be evidenced by a legally enforceable agreement that demonstrates compliance with the provisions of this Section.

5.4 Security for Loan; Default

(a) Security. Any loan to a Participant under the Plan shall be secured by the pledge of the portion of the Participant's Account Balance in the Plan invested in such loan.

(b) Default. In the event that a Participant fails to make a loan payment under this Section V on the last business day before the end of the calendar quarter following the quarter in which the payment is due, unless payment is not made because the Participant is on a bona fide leave of absence as determined by the Administrator and the amortization schedule is suspended while the Participant is on leave of absence from employment with an Employer, a default on the loan shall occur. In the event of such default, (i) all remaining payments on the loan shall be immediately due and payable (including accrued interest) at the time of the default, and (ii) interest shall continue to accrue on the outstanding loan balance until the loan is foreclosed.

In the case of any default on a loan to a Participant, the Administrator shall apply the portion of the Participant's interest in the Plan held as security for the loan in satisfaction of the loan on the date of Severance from Employment. In addition, the Administrator may take any legal action it shall consider necessary or appropriate to enforce collection of the unpaid loan, with the costs of any legal proceeding or collection to be charged to the Account Balance of the Participant.

Notwithstanding anything elsewhere in the Plan to the contrary, in the event a loan is outstanding hereunder on the date of a Participant's death, his or her estate shall be his or her Beneficiary as to the portion of his or her interest in the Plan invested in such loan (with the Beneficiary or Beneficiaries as to the remainder of his or her interest in the Plan to be determined in accordance with otherwise applicable provisions of the Plan).

5.5 Repayment

A Participant shall be required, as a condition to receiving a loan, to enter into an agreement for the repayment of the loan in accordance with a method set forth in the written guidelines




governing the granting of Plan loans that are established by the Employer pursuant to Section 5.1.

A Participant may prepay the entire outstanding balance of his or her loan at any time (but may not make a partial prepayment).

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6.1 Distributions from the Plan

SECTION VI DISTRIBUTIONS

(a) Earliest Distribution Date. Payments from a Participant's Account Balance shall not be made earlier than:

(i) the Participant's Severance from Employment pursuant to Section 6.2

(ii) the Participant's death pursuant to Section 6.3

(iii) Plan termination under Section 10.3

(iv) an unforeseeable emergency withdrawal pursuant to Section 6.10(a), if permitted under the Plan

(v) a de minimis account balance distribution pursuant to Section 6.1 O(b), if permitted under the Plan

(vi) a rollover account withdrawal pursuant to Section 6.10(c), if permitted under the Plan

(vii) attainment of age 70 Y2 withdrawal pursuant to Section 6. I O(d), if permitted under the Plan

(viii) Qualified Military Service Deemed Severance withdrawal pursuant to Section 6.1 O( e), if permitted under the Plan

(ix) Qualified Military Reservist withdrawal pursuant to Section 6.1O(f) , if permitted under the Plan

(x) Qualified Distributions for Retired Public Safety Officers pursuant to Section 6.11, if permitted under the Plan

(b) Latest Distribution Date. In no event shall any distribution under this Section VI begin later than the Participant's "required beginning date". Such required minimum distributions must be made in accordance with Section 6.6.

(c) Amount of Account Balance. Except as provided in Section 6.3, the amount of any payment under this Section VI shall be based on the amount of the Account Balance as of the Valuation Date.

6.2 Benefit Distributions Upon Severance from Employment

Upon Severance from Employment (other than due to death), a Participant may elect to commence distribution of benefits at any time after such Severance from Employment by filing a

GN - 0600)9 GPLANLVL - CORRSPND


Deferred Compensation Plan Ver 1020))

request with the Administrator before the date on which benefits are to commence. However, in no event may distribution of benefits commence later than his or her "required beginning date".

Distributions required to commence under this section shall be made in the form of benefit provided under Section 6.5. Distributions postponed until the Participant's "required beginning date" will be made in a manner that meets the requirements of Section 6.6.

6.3 Distributions on Account of Participant's Death

Upon receipt of satisfactory proof of the Participant's death, the designated Beneficiary may file a request with the Administrator to elect a form of benefit provided under Section 6.5 and made in a manner that meets the requirements of Section 6.6.

(a) Death of Participant Before Distributions Begin. If the Participant dies before his or her distributions begin, the designated Beneficiary may elect to have distributions to be made (i) in full within 5 years of the Participant's death (5-year rule) or (ii) in installments over the designated Beneficiary's "life expectancy" (life expectancy rule).

If the designated Beneficiary does not make an election by September 30 of the year following the year of the Participant's death, the Participant's Account Balance will be distributed in a lump sum payment by December 31 of the calendar year containing the fifth anniversary of the Participant's death or if the Participant's spouse is the sole designated Beneficiary by December 31 of the year the Participant would have attained age 70 Y2.

(b) Death of Participant On or After Date Distributions Begin. If the Participant dies on or after his or her distributions began, the Participant's Account Balance shall be paid to the Beneficiary at least as rapidly as under the payment option used before the Participant's death.

For purposes of this Section, a Participant who dies on or after January I, 2007, while performing qualified military service (as defined in Code Section 414(u» will be deemed to have resumed employment in accordance with the Participant's reemployment rights under chapter 43 oftitle 38, United States Code, on the day preceding death and to have terminated employment on the actual date of death for purposes of determining the entitlement of the Participant's survivors to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the Plan, in accordance with the provisions of Code Sections 401 (a)(37), 414(u)(9), and 457(g)(4).

6.4 Distribution of Small Account Balances Without Participant's Consent

Notwithstanding any other provision of the Plan to the contrary, if the amount of a Participant's or Beneficiary'S Account Balance (including the rollover contribution separate account) is not in excess ofthe amount specified below on the date that payments commence under Section 6.2 or on the date the Administrator is notified of the Participant's death, the Administrator may direct




payment without the Participant's or Beneficiary'S consent as soon as practicable following the Participant's retirement, death, or other Severance from Employment.

(a) The Plan does not provide for distribution of small Account Balances without Participant or Beneficiary consent.

6.5 Forms of Distribution

In an election to commence benefits under Section 6.2, a Participant entitled to a distribution of benefits under this Section VI may elect to receive payment in any ofthe following forms of distribution:

(a) a lump sum payment of the Participant's total Account Balance.

(b) partial distribution ofthe Participant's Account Balance.

(c) in a series of installments over a period of years (payable on a monthly, quarterly, semiannual or annual basis) which extends no longer than the life expectancy of the Participant as permitted under Code Section 401(a)(9).

(d) a purchase of a single premium nontransferable annuity contract for such tenn and in such form as the Participant selects that provides for payments in the form of an irrevocable annuity each calendar year of amounts not less than the amount required under Code Section 401(a)(9).

6.6 Minimum Distribution Requirements

(a) General Rules.

Notwithstanding anything in this Plan to the contrary, distributions from this Plan shall commence and be made in accordance with Code Section 401 (a)(9) and the regulations promulgated thereunder. Additionally, the requirements of this Section 6.6 will take precedence over any inconsistent provisions of the Plan.

(b) Time and Manner of Distribution.

(i) Required Beginning Date. The Participant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the Participant's "required beginning date".

(ii) Death of Participant Before Distributions Begin. If the Participant dies before distributions begin, the Participant's entire interest will be distributed, or begin to be distributed, no later than as follows:

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(A) If the Participant's surviving spouse is the Participant's sole "designated Beneficiary", then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year

20

OPLANLVL - CORRSPND Specimen 457(b) Plan Document


in which the Participant dies, or by December 31 of the calendar year in which the Participant would have attained age 70 \1" iflater.

(B) If the Participant's surviving spouse is not the Participant's sole "designated Beneficiary" (i.e., multiple beneficiaries), then distributions to the "designated Beneficiaries" will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died.

(e) If the Participant's sole "designated Beneficiary" is not the Participant's spouse, then distributions to the "designated Beneficiary" will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died.

(D) If there is no "designated Beneficiary" as of September 30 of the year following the year of the Participant's death, the Participant's Account Balance will be distributed in a lump sum payment by December 31 of the calendar year containing the fifth anniversary of the Participant's death.

(E) If the Participant's surviving spouse is the Participant's sole "designated Beneficiary" and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, this subparagraph (b )(ii), other than subsection (b )(ii)(A), will apply as if the surviving spouse were the Participant.

For purposes ofthis subparagraph (ii) and paragraph (d), unless subsection (b )(ii)(D) applies, distributions are considered to begin on the Participant's "required beginning date". If subsection (b )(ii)(E) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under subsection (b )(ii)(A). If distributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the Participant's "required beginning date" (or to the Participant's surviving spouse before the date distributions are required to begin to the surviving spouse under subsection (b )(ii)(A)), the date distributions are considered to begin is the date distributions actually commence.

(iii) Death of Participant On or After Distributions Begin. If the Participant dies on or after distributions begin and before depleting his or her Account Balance, distributions must commence to the "designated Beneficiary" by December 31 of the calendar year immediately following the calendar year in which the Participant died.

(iv) Forms of Distribution. Unless the Participant's Account Balance is distributed in the form of an annuity contract or in a lump sum on or before the Participant's "required beginning date", as of the first distribution calendar year, distributions will be made in accordance with paragraphs (c) and (d). If the Participant's




interest is distributed in the fonn of an annuity contract, distributions thereunder will be made in accordance with the requirements of Code Section 401(a)(9).

(c) Required Minimum Distributions During the Participant's Lifetime.

(i) Amount of Required Minimum Distribution For Each "Distribution Calendar Year". During the Participant's lifetime, the minimum amount that will be distributed for each distribution calendar year is the lesser of:

(A) The quotient obtained by dividing the "Participant's account balance" by the distribution period in the Unifonn Lifetime Table set forth in Treasury Regulation Section 1.401 (a)(9)-9, Q&A-2 using the Participant's age as of the Participant's birthday in the "distribution calendar year"; or

(B) if the Participant's sole "designated Beneficiary" for the "distribution calendar year" is the Participant's spouse and the spouse is more than 10 years younger than the Participant, the quotient obtained by dividing the "Participant's account balance" by the distribution period in the Joint and Last Survivor Table set forth in Treasury Regulation Section 1.401 (a)(9)-9, Q&A-3 using the Participant's and spouse's attained ages as of the Participant's and spouse's birthdays in the "distribution calendar year".

(ii) Lifetime Required Minimum Distributions Continue Through Year of Participant's Death. Required minimum distributions will be detennined under this paragraph (c) beginning with the first "distribution calendar year" and up to and including the "distribution calendar year" that includes the Participant's date of death.

(d) Required Minimum Distributions After Participant's Death.

For purposes of this Section 6.6(d), the Participant's and Beneficiary'S "life expectancy" detennination will use the Single Life Table set forth in Treasury Regulation Section 1.401 (a)(9)-9, Q&A-l.

(i) Death On or After Date Distributions Begin.

(A) Participant Survived by Designated Beneficiary.


If the Participant dies on or after the date distributions begin and there is a "designated Beneficiary", the minimum amount that will be distributed for each "distribution calendar year" after the year of the Participant's death is the quotient obtained by dividing the "Participant's account balance" by the longer of the remaining "life expectancy" of the Participant or the remaining "life expectancy" of the Participant's "designated Beneficiary", detennined as follows:



(I) The Participant's remaining "life expectancy" is calculated using the age ofthe Participant in the year of death, reduced by one for each subsequent year.

(2) If the Participant's surviving spouse is the Participant's sole "designated Beneficiary", the remaining "life expectancy" of the surviving spouse is calculated for each "distribution calendar year" after the year of the Participant's death using the surviving spouse's age as of the spouse's birthday in that year. For "distribution calendar years" after the year of the surviving spouse's death, the remaining "life expectancy" of the surviving spouse is calculated using the age of the surviving spouse as of the spouse's birthday in the calendar year of the spouse's death, reduced by one for each subsequent calendar year.

(3) If the Participant's surviving spouse is not the Participant's sole "designated Beneficiary" (i.e., multiple beneficiaries), the "designated Beneficiary's" remaining "life expectancy" is calculated using the age of the oldest Beneficiary in the year following the year of the Participant's death, reduced by one for each subsequent year.

(4) If the Participant's sole "designated beneficiary" is not the Participant's spouse, the "designated Beneficiary'S" remaining "life expectancy" is calculated using the age ofthe Beneficiary in the year following the year of the Participant's death, reduced by one for each subsequent year.

(B) No Designated Beneficiary.

If the Participant dies on or after the date distributions begin and there is no "designated Beneficiary" as of September 30 of the year after the year of the Participant's death, the minimum amount that will be distributed for each "distribution calendar year" after the year ofthe Participant's death is the quotient obtained by dividing the "Participant's account balance" by the Participant's remaining "life expectancy" calculated using the age of the Participant in the year of death, reduced by one for each subsequent year.

(ii) Death Before Date Distributions Begin.

(A) Participant Survived by Designated Beneficiary.


Except as provided in this Section, if the Participant dies before the date distributions begin and there is a "designated Beneficiary", the minimum amount that will be distributed for each "distribution calendar year" after the year of the Participant's death is the quotient obtained by dividing the



"Participant's account balance" by the remaining "life expectancy" of the Participant's "designated Beneficiary", detelTI1ined as follows:

(1) If the Participant's surviving spouse is the Participant's sole "designated Beneficiary", the remaining "life expectancy" of the surviving spouse is calculated for each "distribution calendar year" after the year of the Participant's death using the surviving spouse's age as of the spouse's birthday in that year.

(2) If the Participant's surviving spouse is not the Participant's sole "designated Beneficiary" (i.e., multiple beneficiaries), the "designated Beneficiary's" remaining "life expectancy" is calculated using the age ofthe oldest Beneficiary in the year following the year of the Participant's death, reduced by one for each subsequent year.

(3) If the Participant's sole "designated beneficiary" is not the Participant's spouse, the "designated Beneficiary's" remaining "life expectancy" is calculated using the age of the Beneficiary in the year following the year of the Participant's death, reduced by one for each subsequent year.

(B) No Designated Beneficiary.

If the Participant dies before the date distributions begin and there is no "designated Beneficiary" as of September 30 of the year following the year of the Participant's death, distribution of the Participant's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Participant's death.

(C) Death of Surviving Spouse Before Distributions to Surviving Spouse Are Required to Begin.

If the Participant dies before the date distributions begin, the Participant's surviving spouse is the Participant's sole "designated Beneficiary", and the surviving spouse dies before distributions are required to begin to the surviving spouse under subsection (b )(ii)(A), this subparagraph (d)(ii) will apply as if the surviving spouse were the Participant.

( e) Definitions.

(i) A Participant's "required beginning date" is April 1 of the year that follows the later of (1) the calendar year the Participant attains age 70 Y, or (2) retires due to Severance from Employment. If the Participant postpones the required distribution due in calendar year he or she attains age 70 Y, or severs employment, to the "required beginning date", the second required minimum distribution must be taken by the end of that year.




(ii) Participant's "designated Beneficiary" means the individual who is designated as the Beneficiary under Section 8.1 and is the designated Beneficiary under Code Section 401 (a)(9) and Treasury Regulation Section IAOl(a)(9)-4.

(iii) A "distribution calendar year" means a calendar year for which a minimum distribution is required. For distributions beginning before the Participant's death, the first "distribution calendar year" is the calendar year the Participant attains age 70 Yz or retires, iflater. For distributions beginning after the Participant's death, the first "distribution calendar year" is the calendar year in which distributions are required to begin under subparagraph (b )(ii).

The required minimum distribution for the Participant's first "distribution calendar year" will be made on or before the Participant's "required beginning date". The required minimum distribution for other "distribution calendar years", including the required minimum distribution for the "distribution calendar year" in which the Participant's "required beginning date" occurs, will be made on or before December 31 of that "distribution calendar year".

(iv) A married Participant's "life expectancy", whose spouse is the sole Beneficiary and is more than 10 years younger than the Participant, means the Participant's and spouse Beneficiary's life expectancy as computed by use of the Joint and Last Survivor Life Table under Treasury Regulation Section 1 AOl(a)(9)-9, Q&A 3. All other Participants will have his or her life expectancy computed by use of the Uniform Lifetime Table under Treasury Regulation Section 1.401 (a)(9)-9, Q&A 2. A deceased Participant's or Beneficiary's "life expectancy" means his or her life expectancy as computed by use of the Single Life Table under Treasury Regulation Section 1.401(a)(9)-9, Q&A I.

(v) A "Participant's account balance" means the Account Balance as of the last valuation date in the calendar year immediately preceding the "distribution calendar year" (valuation calendar year) increased by the amount of any contributions made and allocated or forfeitures allocated to the Account Balance as of dates in the valuation calendar year after the valuation date and decreased by distributions made in the valuation calendar year after the valuation date. The Account Balance for the valuation calendar year includes any amounts rolled over or transferred to the Plan either in the valuation calendar year or in the "distribution calendar year" if distributed or transferred in the valuation calendar year.

(f) Special Provision Applicable to 2009 Required Minimum Distributions.

A Participant who would otherwise be required to receive a minimum distribution from the Plan in accordance with Code Section 401 (a)(9) for the 2009 "distribution calendar year" may elect not to receive any such distribution that is payable with respect to the 2009 "distribution calendar year".




Notwithstanding the provisions of Section 6.9(b )(iii), the Administrator may permit a Participant who receives a minimum distribution from the Plan for the 2009 "distribution calendar year" to make a direct rollover of such distribution to an "eligible retirement plan" in accordance with the provisions of Section 6.9.

The Administrator may also permit a Participant or former Participant who has received a minimum distribution for the 2009 "distribution calendar year" to roll over such distribution back into the Plan, provided the requirements of Code Section 402( c), as modified by Notice 2009-82, extending the 60-day rollover deadline, and the requirements of Section 7. I are otherwise satisfied. If the distribution received by the Participant included amounts in addition to the minimum required under Code Section 401 (a)(9), the Administrator may allow the Participant to include a portion or all of the amount that was not a minimum distribution in the Rollover Contribution made to the Plan in accordance with this paragraph.

The provisions of this Section 6.6(f) are effective for minimum payments made for the 2009 "distribution calendar year" and do not include any minimum payment that is made in 2009, but is attributable to a different year (i.e., the participant reached his required beginning date in 2008, but payment of the 2008 minimum is not made until 2009).

6.7 Payments to Minors and Incompetents

If a Participant or Beneficiary entitled to receive any benefits hereunder is a minor or is adjudged to be legally incapable of giving valid receipt and discharge for such benefits, or is deemed so by the Administrator, benefits will be paid to such person as the Administrator or a court of competent jurisdiction may designate for the benefit of such Participant or Beneficiary. Such payments shall be considered a payment to such Participant or Beneficiary and shall, to the extent made, be deemed a complete discharge of any liability for such payments under the Plan.

6.8 Procedure When Distributee Cannot Be Located

The Administrator shall make all reasonable attempts to determine the identity and address of a Participant or a Participant's Beneficiary entitled to benefits under the Plan. For this purpose, a reasonable attempt means (a) the mailing by certified mail of a notice to the last known address shown in the Administrator's records; (b) use of the Internal Revenue Service letter forwarding program under IRS Revenue Procedure 94-22; (c) use ofa commercial locator service, the internet or other general search method; (d) use of the Social Security Administration search program; or (e) use such other methods as the Administrator believes prudent.

If the Participant or Beneficiary has not responded within 6 months, the Plan shall continue to hold the benefits due such person until, in the Administrator's discretion, the Plan is required to take other action under applicable law.

Notwithstanding the foregoing, if the Administrator is unable to locate a person entitled to benefits hereunder after applying the search methods set forth above, then the Administrator, in its sole discretion, may pay an amount that is immediately distributable to such person in a direct rollover to an individual retirement plan designated by the Administrator.




6.9 Direct Rollover

(a) A Participant or spouse Beneficiary (or a Participant's spouse or former spouse who is the alternate payee under a domestic relations order, as defined in Code Section 4l4(p)) who is entitled to an "eligible rollover distribution" may elect, at the time and in the manner prescribed by the Administrator, to have all or any portion of the distribution paid directly to an "eligible retirement plan" specified by the Participant or spouse Beneficiary in a direct rollover.

(b) For purposes of this Section 6.9, an "eligible rollover distribution" means any distribution of all or any portion of a Participant's Account Balance, except that an eligible rollover distribution does not include (i) any distribution that is one of a series of substantially equal periodic payment made not less frequently than annually for the life or life expectancy of the Participant or the joint lives or life expectancies of the Participant and the Participant's designated beneficiary, or for a specified period often years or more (ii) any distribution made as a result of an unforeseeable emergency, or (iii) any distribution that is a required minimum distribution under Code Section 401 (a)(9).

In addition, an "eligible retirement plan" with respect to the Participant, the participant's spouse, or the Participant's spouse or former spouse who is an alternate payee under a domestic relations order as defined in Code Section 4l4(P) means any of the following: (i) an individual retirement account described in Code Section 40S(a), (ii) an individual retirement annuity described in Code Section 40S(b), (iii) an annuity plan described in Code Section 403(a), (iv) a qualified defined contribution plan described in Code Section 401 (a), (v) an annuity contract described in Code Section 403(b), (vi) an eligible deferred compensation plan described in Code Section 457(b) that is maintained by a State, political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State, or (vii) effective for distributions made on or after January I, 200S, a Roth IRA, as described in Code Section 40SA, provided, that for distributions made before January 1,2010, such rollover shall be subject to the limitations contained in Code Section 40SA(c)(3)(B) .

Notwithstanding any other provision of this Section 6.9(b), a plan or contract described in clause (iii), (iv), (v), or (vi) above shall not constitute an "eligible retirement plan" with respect to a distribution of Roth Contributions unless such plan or contract separately accounts for such distribution, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible.

(c) A Beneficiary who is not the spouse of the deceased Participant may elect a direct rollover of a distribution to an individual retirement account described in Code Section 408(b) or to a Roth individual retirement account described in Code Section 408A(b) ("IRA "), provided that the distributed amount satisfies all the requirements to be an eligible rollover distribution. The direct rollover must be made to an IRA established on behalf of the designated nonspouse Beneficiary that will be treated as an inherited IRA pursuant to the provisions of Code Section 402(c)(ll). The IRA must be established in a




manner that identifies it as an IRA with respect to a deceased Participant and also identifies the deceased Participant and the nonspouse Beneficiary.

6.10 Inservice Distributions

(a) Unforeseeable Emergency Distributions. If the Participant who has not incurred a Severance from Employment or Beneficiary has an unforeseeable emergency, the Administrator may approve a single sum distribution of the amount requested or, ifless, the maximum amount determined by the Administrator to be permitted to be distributed under this Section 6.1 O(a), Treasury Regulation Section 1.457-6( c) or other regulatory guidance. The Administrator shall determine whether an unforeseeable emergency exists based on relevant facts and circumstances, and Treasury Regulation Section 1.457-6(c) or other regulatory guidance.

(i) An unforeseeable emergency is defined as a severe financial hardship resulting from the following:

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(A) an illness or accident of the Participant or Beneficiary, the Participant's or Beneficiary'S spouse, or the Participant's or Beneficiary'S dependent or the Participant's "primary Beneficiary";

(B) loss of the Participant's or Beneficiary's property due to casualty (including the need to rebuild a home following damage to a home not otherwise covered by homeowner's insurance, e.g., as a result of a natural disaster);

(C) the need to pay for the funeral expenses of a Participant's or Beneficiary'S spouse, Participant's or Beneficiary'S dependent or "primary Beneficiary" of the Participant;

(D) the need to pay for medical expenses of the Participant or Beneficiary, the Participant's or Beneficiary'S spouse, Participant's or Beneficiary'S dependent or the Participant's "primary Beneficiary" which are not reimbursed or compensated by insurance or otherwise, including nonrefundable deductibles, as well as for the cost of prescription drug medication;

(E) the imminent foreclosure of or eviction from the Participant's or Beneficiary's primary residence; or

(F) other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant or Beneficiary. However, except as otherwise specifically provided in this Section 6.10(a), certain circumstances are not considered an unforeseen emergency such as the purchase of a home or the payment of college tuition or credit card debt.

28

OPLANL VL - CORRSPND Specimen 4S7(b) Plan Document

Deferred Compensation Plan Ver I02011

For purposes of this paragraph, if the Participant is not deceased, a "primary Beneficiary" shall be limited to a primary Beneficiary under the Plan, which is an individual who is named as a Beneficiary pursuant to Section 8.1 and has an unconditional right to all or a portion of the Participant's Account Balance upon the death of the Participant, and which shall not include a contingent beneficiary. Additionally, dependent shall be limited to the definition under Code Section I 52(a), and, for taxable years beginning on or after January 1,2005, without regard to Code Sections 152(b)(1), (b )(2) and (d)(1 )(B).

(ii) Unforeseeable emergency distribution standard. A distribution on account of unforeseeable emergency may not be made to the extent that such emergency is or may be relieved through reimbursement or compensation from insurance or otherwise; by liquidation of the Participant's assets, to the extent the liquidation of such assets would not itself cause severe financial hardship; or by cessation of deferrals under the Plan if the cessation of deferrals would alleviate the financial need.

(iii) Distribution necessary to satisfy emergency need. Distributions because of an unforeseeable emergency may not exceed the amount reasonably necessary to satisfy the emergency need (which may include any amounts necessary to pay any federal, State, or local income taxes or penalties reasonably anticipated to result from the distribution).

(b) De minimis Account Balance Distributions. A Participant before Severance of Employment may request a distribution of his or her total Account Balance (excluding the rollover contribution separate account), which shall be paid in a lump sum payment as soon as practical following the direction if (i) the total Account Balance does not exceed $5,000 (or the dollar limit under Code Section 411 (a)(ll), if greater), (ii) the Participant has not previously received a distribution of their total Account Balance payable to the Participant under this Section 6.1 O(b), and (iii) no Annual Deferral has been made with respect to the Participant during the two-year period ending immediately before the date of the distribution.

The Plan does not permit the Administrator to direct payments under the terms of this Section 6.1 O(b) without the Participant's consent.

(c) Rollover Account Distributions. If a Participant has a separate account attributable to rollover contributions under the Plan, the Participant before Severance of Employment may at any time elect to receive an inservice distribution of all or any portion of the amount held in the rollover separate account. Any designated Roth contributions rolled over to the Plan are treated as Roth Contributions for Plan purposes and are not eligible for inservice withdrawal under this Section 6. 1 O(c).

(d) Age 70 \I., Distributions. Prior to Severance from Employment, a Participant may withdraw all or a portion of his or her Account Balance on or after first day of the calendar year in which the Participant shall attain age 70\1.,.




(e) Qualified Military Service Deemed Severance Distributions. The Plan does not permit "qualified military service deemed severance withdrawals".

(f) Qualified Military Reservist Distributions. The Plan does not permit "qualified military reservist withdrawals".

6.11 Qualified Distributions for Retired Public Safety Officers

The Plan does not permit qualified distributions for retired public safety officers.




SECTION VII ROLLOVERS AND PLAN TRANSFERS

7.1 Eligible Rollover Contributions to the Plan

(a) A Participant who is an Employee or a Participant who has separated from service and has an Account Balance and who is entitled to receive an eligible rollover distribution from another "eligible retirement plan", as defined in 6.9(b) excluding the direct rollover of after-tax contributions, may request to have all or a portion of the eligible rollover distribution paid to the Plan. The Administrator may require such documentation from the distributing plan as it deems necessary to effectuate the rollover in accordance with Code Section 402 and to confirm that such plan is an "eligible retirement plan" within the meaning of Code Section 402(c)(8)(B).

(b) If an Employee makes a rollover contribution to the Plan of amounts that have previously been distributed to him or her, the Employee must deliver to the Administrator the cash that constitutes his or her rollover contribution within 60 days of receipt of the distribution from the distributing "eligible retirement plan". Such delivery must be made in the manner prescribed by the Administrator.

(c) The Plan shall establish and maintain for the Participant a separate account for any eligible rollover distribution paid to the Plan from any "eligible retirement plan" that is an eligible governmental plan under Code Section 457(b). In addition, the Plan shall establish and maintain for the Participant a separate account for any eligible rollover distribution paid to the Plan from any "eligible retirement plan" that is not an eligible governmental plan under Code Section 457(b).

(d) To the extent that the Plan accepts rollover contributions attributable to Roth Contributions, the Administrator shall account for such contributions separately from other rollover contributions. In administering rollover contributions attributable to Roth Contributions, the Administrator shall be entitled to rely on a statement from the distributing plan's administrator identifying (i) the Participant's basis in the rolled over amounts and (ii) the date on which the Participant's 5-taxable-year period of participation (as required under Code Section 402A(d)(2) for a qualified distribution of Roth Contributions) started under the distributing plan. If the 5-taxable-year period of participation under the distributing plan would end sooner than the Participant's 5-taxable-year period of participation under the Plan, the 5-taxable-year period of participation applicable under the distributing plan shall continue to apply with respect to the Roth Contributions included in the rollover contribution. Roth Contributions that are rolled over to the Plan shall be subject to the provisions of the Plan applicable to Roth Contributions rather than the provisions of the Plan applicable to rollover contributions.

7.2 Plan-to-Plan Transfers to the Plan

At the direction ofthe Employer, the Administrator may permit Participants or Beneficiaries who are participants or beneficiaries in another eligible governmental plan under Code Section 457(b)




to transfer assets to the Plan as provided in this Section 7.2. Such a transfer is pennitted only if the other plan provides for the direct transfer of each Participant's or Beneficiary's interest therein to the Plan. The Administrator may require in its sole discretion that the transfer be in cash or other property acceptable to the Administrator. The Administrator may require such documentation from the other plan as it deems necessary to effectuate the transfer in accordance with Code Section 457(e)(lO) and Treasury Regulation Section 1.457-l0(b) and to confinn that the other plan is an eligible governmental plan as defined in Treasury Regulation Section 1.457-2(f). The amount so transferred shall be credited to the Participant's Account Balance and shall be held, accounted for, administered and otherwise treated in the same manner as an Annual Deferral by the Participant under the Plan, except that the transferred amount shall not be considered an Annual Deferral under the Plan in detennining the maximum deferral under Section III.

7.3 Plan-to-Plan Transfers from the Plan

(a) At the direction of the Employer, the Administrator may pennit Participants or Beneficiaries to elect to have his or her Account Balance transferred to another eligible governmental plan within the meaning of Treasury Regulatory Section 1.457-2(f), if the other eligible governmental plan provides for the receipt of transfers, the Participant or Beneficiary whose amounts deferred are being transferred will have an amount deferred immediately after the transfer at least equal to the amount deferred with respect to that Participant or Beneficiary immediately before the transfer, and the conditions of subparagraph (i), (ii), or (iii) are met.

(i) A transfer from the Plan to another eligible governmental plan is pennitted in the case of a transfer for a Participant if the Participant has had a Severance from Employment with the Employer and is perfonning services for the entity maintaining the other eligible governmental plan.

(ii) A transfer from the Plan to another eligible governmental plan is pennitted if:

(A) The transfer is to another eligible governmental plan within the same State as the Plan;

(B) All the assets held by the Plan are transferred; and

(C) A Participant or Beneficiary whose amounts deferred are being transferred is not eligible for additional annual deferrals in the other eligible governmental plan unless he or she is perfonning services for the entity maintaining the other eligible governmental plan.

(iii) A transfer from the Plan to another eligible governmental plan of the Employer is pennitted if:

GN·060019

(A) The transfer is to another eligible governmental plan of the Employer (and, for this purpose, an employer is not treated as the Employer ifthe Participant's compensation is paid by a different entity); and

32

GPLANL VL - CORRSPND Specimen 4S7(b) Plan Document

Deferred Compensation Plan Verl02011

(B) A Participant or Beneficiary whose deferred amounts are being transferred is not eligible for additional annual deferrals in the other eligible governmental plan unless he or she is performing services for the entity maintaining the other eligible governmental plan.

(b) Upon the transfer of assets under this Section 7.3, the Plan's liability to pay benefits to the Participant or Beneficiary under this Plan shall be discharged to the extent of the amount so transferred for the Participant or Beneficiary. The Administrator may require such documentation from the receiving plan as it deems appropriate or necessary to comply with this Section (for example, to confirm that the receiving plan is an eligible governmental plan under paragraph (a) of this Section 7.3, and to assure that the transfer is permitted under the receiving plan) or to effectuate the transfer pursuant to Treasury Regulation Section 1.457-IO(b).

7.4 Permissive Service Credit Transfers

(a) If a Participant is also a participant in a tax-qualified defined benefit governmental plan (as defined in Code Section 414(d» that provides for the acceptance of plan-to-plan transfers with respect to the Participant, then the Participant may elect to have any portion of the Participant's Account Balance transferred to the defined benefit governmental plan. A transfer under this Section 7.4(a) may be made before the Participant has had a Severance from Employment and without regard to whether the defined benefit governmental plan is maintained by the Employer. The distribution rules applicable to the defined benefit governmental plan to which any amounts are transferred under this Section 7.4 shall apply to the transferred amounts and any benefits attributable to the transferred amounts.

(b) A transfer may be made under Section 7.4(a) only if the transfer is either for the purchase of permissive service credit (as defined in Code Section 415(n)(3)(A» under the receiving defined benefit governmental plan, including service credit for periods for which there is no performance of services, service credited in order to provide an increased benefit for service credit which a participant is receiving under the plan, and service (including parental, medical, sabbatical, and similar leave) as an employee (other than as an employee described in Code Section 415(n)(3)(C)(i» of an educational organization described in Code Section 170(b)(1 )(A)(ii) which is a public, private, or sectarian school which provides elementary or secondary education (through grade 12) or a comparable level of education, as determined under the applicable law of the jurisdiction in which the service was performed, without application ofthe limitations of Code Section 415(n)(3)(B) in determining whether the transfer is for the purchase of permissive service credit, or a repayment to which Code Section 415 does not apply by reason of Code Section 415(k)(3).

ON· 060019 OPLANLVL - CORRSPND



8.1 Beneficiary Designation

SECTION VIII BENEFICIARY

A Participant has the right, by written notice filed with the Administrator, to designate one or more beneficiaries to receive any benefits payable under the Plan in the event of the Participant's death prior to the complete distribution of benefits. The Participant accepts and acknowledges that he or she has the burden for executing and filing, with the Administrator, a proper beneficiary designation form.

The form for this purpose shall be provided by the Administrator. The form is not valid until it is signed, filed with the Administrator by the Participant, and accepted by the Administrator. Upon the Participant filing the form and acceptance by the Administrator, the form revokes all beneficiary designations filed prior to that date by the Participant.

If no such designation is in effect upon the Participant's death, or if no designated Beneficiary survives the Participant, the Beneficiary shall be the Participant's estate. If a Beneficiary dies after becoming entitled to receive a distribution under the Plan but before distribution is made to him or her in full the estate of the deceased Beneficiary shall be the Beneficiary as to the balance of the distribution.

GN • 060019 GPLANLVL - CORRSPND



9.1 Administrator

SECTION IX ADMINISTRATION AND ACCOUNTING

The Administrator shall have the responsibility and authority to control the operation and administration of the Plan in accordance with the terms of the Plan, the Code and regulations thereunder, and any State law as applicable.

The Administrator may contract with a financially responsible independent contractor to administer and coordinate the Plan under the direction of the Administrator. The Administrator shall have the right to designate a plan coordinator or other party of its choice to perform such services under this agreement as may be mutually agreed to between the Administrator and the plan coordinator or other party. Notwithstanding any other provisions to the contrary, the Administrator agrees that it shall be solely responsible to the Employer for any and all services performed by a plan coordinator, subcontractor, assignee, or designee under this agreement.

The Administrator has full and complete discretionary authority to determine all questions of Plan interpretation, policy, participation, or benefit eligibility in a manner consistent with the Plan's documents, such determinations shall be conclusive and binding on all persons except as otherwise provided by law.

9.2 Administrative Costs

All reasonable expenses of administration may be paid out of the Plan assets unless paid (or reimbursed) by the Employer. Such expenses shall include any expenses incident to the functioning of the Administrator, or any person or persons retained or appointed by any named fiduciary incident to the exercise of his or her duties under the Plan, including, but not limited to, fees of accountants, counsel, investment managers, agents (including nonfiduciary agents) appointed for the purpose of assisting the Administrator in carrying out the instructions of Participants as to the directed investment of his or her accounts and other specialists and his or her agents, and other costs of administering the Plan. In addition, unless specifically prohibited under statute, regulation or other guidance of general applicability, the Administrator may charge to the Account Balance of an individual a reasonable charge to offset the cost of making a distribution to the Participant, Beneficiary, or Alternate Payee or to the Participant for Plan loans. Ifliquid assets of the Plan are insufficient to cover the fees of the Administrator, then Plan assets shall be liquidated to the extent necessary for such fees. In the event any part of the Plan assets becomes subject to tax, all taxes incurred will be paid from the Plan assets. Until paid, the expenses shall constitute a liability of the Trust Fund described in Section 11.1.

9.3 Paperless Administration

The Administrator may use telephonic or electronic media to satisfy any notice requirements required by this Plan, to the extent permissible under regulations (or other generally applicable guidance). In addition, a Participant's consent to immediate distribution may be provided through telephonic or electronic means, to the extent permissible under regulations (or other generally




applicable guidance). The Administrator also may use telephonic or electronic media to conduct plan transactions such as enrolling participants, making (and changing) salary reduction elections, electing (and changing) investment allocations, applying for Participant Plan loans, and other transactions, to the extent permissible under regulations (or other generally applicable guidance).

ON· 060019 OPLANLVL - CORRSPND



10.1 Amendment

SECTION X AMENDMENTS

The Employer may at any time either prospectively or retroactively amend the Plan by notifying Participants of such action. The Employer shall not have the right to reduce or affect the value of any Participant's Account Balance or any rights accrued under the Plan prior to amendment.

10.2 Conformation

The Employer shall amend and interpret the Plan to the extent necessary to conform to the requirements of Code Section 457 and any other applicable law, regulation or ruling, including amendments that are retroactive. In the event the Plan is deemed by the Internal Revenlje Code to be administered in a manner inconsistent with Code Section 457, the Employer shall correct such inconsistency within the period provided in Code Section 457(b).

10.3 Plan Termination

In the event of the termination of the Plan, all Account Balances shall be disposed to or for the benefit of each Participant or Beneficiary in accordance with the provisions of Section VI or Section VII as soon as reasonably practicable following the Plan's termination. The Employer shall not have the right to reduce or affect the value of any Participant's account or any rights accrued under the Plan prior to termination of the Plan. The Participant's or Beneficiary's written consent to the commencement of distribution shall not be required regardless of the value of his or her Account Balance.




11.1 Trust Fund

SECTION XI TRUST FUND

All amounts in a Participant's or Beneficiary's Account Balance, all property and rights purchased with such amounts, and all income attributable to such amounts, property, or rights shall be held and invested in the Trust Fund in accordance with this Plan. The Trust Fund, and any subtrust established under the Plan, shall be established pursuant to a written agreement that constitutes a valid trust, custodial agreement, annuity contract, or similar agreement under the laws of the State. All investments, amounts, property, and rights held under the Trust Fund shall be held in trust for the exclusive benefit of Participants and their Beneficiaries and defraying reasonable expenses of the Plan and of the Trust Fund. Prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries, no part of the assets and income of the Trust Fund may be used for, or diverted to, for purposes other than for the exclusive benefit of Participants and their Beneficiaries. The Employer has no beneficial interest in the Trust Fund and no part of the Trust Fund shall ever revert to the Employer, directly or indirectly, provided, however, that a contribution or any portion thereof made by the Employer through a mistake of fact under Section 12.4 shall upon written request of the Employer, reduced by losses attributable thereto, shall be returned to the Employer.




12.1 Non-Assignability

SECTION XII MISCELLANEOUS

Except as provided in Sections 12.2 and 12.3, no benefit under the Plan at any time shall be subject in any manner to anticipation, alienation, assignment (either at law or in equity), encumbrance, garnishment, levy, execution, or other legal or equitable process; and no person shall have power in any manner to anticipate, transfer, assign (either law or in equity), alienate or subject to attachment, garnishment, levy, execution, or other legal or equitable process, or in any way encumber his or her benefits under the Plan, or any part thereof, and any attempt to do so shall be void except to such extent as may be required by law.

12.2 Domestic Relation Orders

The Employer shall establish reasonable procedures to determine the status of domestic relations orders and to administer distributions under domestic relations orders which are deemed to be qualified orders. Such procedures shall be in writing and shall comply with the provisions of Code Section 414(P) and regulations issued thereunder.

Notwithstanding Section 12.1, the Administrator may affect a Participant's Account Balance for a "qualified domestic relations order" as defined in Code Section 414(P), and those other domestic relations orders permitted to be so treated by the Administrator under the provisions of the Retirement Equity Act of 1984. The amount of the Participant's Account Balance shall be paid in the manner and to the person or persons so directed in the qualified domestic relations order. Such payment shall be made without regard to whether the Participant is eligible for a distribution of benefits under the Plan.

12.3 IRS Levy

Notwithstanding Section 12.1, the Administrator may pay from a Participant's or Beneficiary'S Account Balance the amount that the Administrator finds is lawfully demanded under a levy issued by the Internal Revenue Service to the Plan with respect to that Participant or Beneficiary or is sought to be collected by the United States Government under a judgment resulting from an unpaid tax assessment against the Participant or Beneficiary.

12.4 Mistaken Contributions

Notwithstanding any other provision of the Plan or the Trust Fund to the contrary, in the event any contribution of an Employer is made under a mistake of fact (and not a Plan operational error), such contribution may be returned to the Employer within one year after the payment of the contribution. Eamings attributable to the excess contribution may not be returned to the Employer, but losses attributable thereto must reduce the amount to be so returned.




12.5 Employment

Neither the establishment of the Plan nor any modification thereof, nor the establishment of any account, nor the payment of any benefits, shall be construed as giving to any Participant or other person any legal or equitable right against the Employer except as herein provided; and, in no event, shall the tenns or employment of any Employee be modified or in any way affected hereby.

12.6 Successors and Assigns

The Plan shall be binding upon and shall inure to the benefit of the Employer, its successors and assigns, all Participants and Beneficiaries and their heirs and legal representatives.

12.7 Written Notice

Any notice or other communication required or pennitted under the Plan shall be in writing, and if directed to the Administrator shall be sent to the designated office ofthe Administrator, and, if directed to a Participant or to a Beneficiary, shall be sent to such Participant or Beneficiary at his or her last known address as it appears on the Administrator's record. To the extent pennitted by law, regulation or other guidance from an appropriate regulatory agency, the Administrator, Employer or any other party may provide any notice or disclosure, obtain any authorization or consent, or satisfy any other obligation under the Plan through the use of any other medium acceptable to the Administrator. Such other medium may include, but is not necessarily limited to, electronic or telephonic medium. In addition, any communication or disclosure to or from Participants or Beneficiaries that is required under the tenns of the Plan to be made in writing may be provided in any other medium (electronic, telephonic, or otherwise) that is acceptable to the Administrator and permitted under applicable law.

12.8 Total Agreement

This Plan and Participant deferral election, and any subsequently adopted Plan amendment thereof, shall constitute the total agreement or contract between the Employer and the Participant regarding the Plan. No oral statement regarding the Plan may be relied upon by the Participant.

12.9 Gender

As used herein the masculine shall include the neuter and the feminine where appropriate.

12.10 Controlling Law

This Plan is created and shall be construed, administered and interpreted in accordance with Code Section 457 and the regulations thereunder, and under laws of the State as the same shall be at the time any dispute or issue is raised. If any portion of this Plan is held illegal, invalid or unenforceable, the legality, validity and enforceability of the remainder shall be unaffected.

ON·060019 OPLANLVL - CORRSPND



IN WITNESS WHEREOF, the Employer has executed this Plan document this ____ day of ___________ ~. ________ __

SEAL

Attest:

Title


City of Los Banos

By __________________________ _

Name, ________________ _

Title, ________________ _

(Witness)



457(b) PLAN DOCUMENT CERTIFICATION

This form must be submitted to MassMutual along with your signed Specimen document.

Employer Name: City of Los Banos

Plan Name: City of Los Banos Deferred Compensation Plan

Effective Date of Plan: September 1, 2014 MassMutual Group Number: 060019

Please select one of the following below:

0 I, the undersigned employer representative, certity that the employer has adopted MassMutual's specimen 4S7(b) Plan Document without any modifications and have provided MassMutual with a copy of the adopted plan document.

0 I, the undersigned employer representative, certity that the employer has adopted MassMutual's specimen 4S7(b) Plan Document with modifications and have provided MassMutual with a copy of the adopted document. I understand that the modifications will need to be approved by MassMutual to ensure that they conform to our Contract and Administrative Services Agreement with MassMutual, and their record keeping system and product. The provisions we have modified are as follows:

Plan Sections Modifications

Name of Authorized Signer: (please print)

Signature: Date:


rosBanos Agenda Staff Report

TO: Mayor & City Council Members

FROM: Lucy Mallonee, MMC 9-""" City Clerk/Human Resources Director


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


Recommendation:

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

Discussion:

The City has bargained in good faith with the LBFFA and reached agreement on a new MOU through June 30, 2015. The changes to the MOU include:

• Clarification on the Cafeteria Plan Allowance for employees hired on or after April 1, 2010.

• Elimination of the "me too" clause.

• Change to the Residence Requirement permitting employees to live within a forty-five (45) minute response time.

Fiscal Impact:

Staff will continue to further analyze the fiscal impact and prepare a budget adjustment if necessary at a later date.

Reviewed by:

~~ Steve Carrigan, City Manager

Attachments:

Resolution

RESOLUTION NO. __

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

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

WHEREAS, the Memorandum of Understanding will be in effect from July 1, 2014 to June 30, 2015.

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

PASSED AND ADOPTED this 1th day of September 2014, at a regular meeting of the City Council by the following vote:

AYES: Council Members NOES: ABSENT:

APPROVED:

Michael Villa Ita, Mayor

ATTEST:


EXHIBIT A

TENTATIVE AGREEMENT BETWEEN CITY OF LOS BANOS

AND LOS BANOS FIRE FIGHTERS' ASSOCIATION 2014

The following document contains the Tentative Agreement between the City of Los Banos (hereinafter called "City") and the Los Banos Fire Fighters' Association (hereinafter called "Association") (hereinafter collectively called "the parties") on wages, hours and terms and conditions of employment. The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City and the Association, and will apply to all employees covered by the Memorandum of Understanding (MOU) between the City and the Association.

Upon ratification and adoption, this Agreement will amend the MOU between the parties dated July 1, 2013 - June 30, 2014.

The amended MOU shall supersede all other Memoranda of Understanding and agreements between the parties. Language in the MOU between the parties not amended by this Tentative Agreement will remain unchanged. The parties agree that any and all Tentative Agreements are hereby incorporated. Any outstanding proposals not agreed to are hereby withdrawn by the parties.

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

FOR THE CITY FOR THE ASSOCIATION

~ CJ-S-/rJ Date: _____ 7 _____ _ Date: '7- s-/y

~ ~~. Ratified: / " (

Date: -q-y-(-=--<j'f-'-h+-~ ___ _ J

Date: 7 _ 5'-/«

Page 1 of3



TERM: One year term (July 1,2014 - June 30, 2015).

SALARY: Salary schedules will not be increased during the term of this agreement.

CAFETERIA PLAN: Effective January 1,2015, Section VII- Benefits will be amended as follows:

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

B. Cafeteria PlaASection 125 Plan

1. For Employees Hired Before April 1. 2010: The City will provide, on a monthly basis, a CafeteriaSection 125 Plan Allowance in the following amount:

a. The employee's (and dependent, if applicable) health care premium, up to a maximum of the amount of the Blue Shield Access HMO premium for the employee's selected level of coverage;

b. Minus the PEMHCA contribution specified in Section A;

c. Plus the amount of the life insurance premium (for coverage up to $50,000);

d. Plus the employee's (and dependents, if applicable) dental and vision plan premiums, up to a maximum of $73.00 per month;

e. MiAIoIS the eqloli'laleAt of 2.5% of the iAEliviEllolal eml3loyee's salary.

2. For Employees Hired On or After April 1. 2010: The City will provide, on a monthly basis, a CafeteriaSection 125 Plan Aliowance.J#' described below, based on the employee's level of health care coverage, miAloIs the eqloli'JaleAt of 2.5% of the iAEliviEllolal eml3loyee's salary: j1J /?wi?

2012: Eml3loyee OAly: $677.69 Eml3leyee I3llo1s OAe: $1,241.44 Eml3leyee 1311016 Family: $1,438.75

~ Eml3loyee OAly: $747.53 Employee I3llo1s OAe: $1,369.55 Employee 13 I loiS Family: $1,587.26

Page 2 of3

(ZA«' (L'7



Employee Only: $696.76 Employee plus One: $1,290.57 Employee plus Family: $1,484.90

Employee Only: • The cost of the premium for the employee's selected health insurance

plan, up to one hundred percent (100%) of the cost of the Blue Shield Access HMO premium for employee only coverage, minus

• The PEMHCA contribution specified in Section A; plus • The combined cost of the premiums for life. dental and vision

insurance up to a maximum of eighty-five dollars ($85) per month.

Employee plus One: • The cost of the premium for the employee's selected health insurance

plan, up to ninety percent (90%) of cost of the Blue Shield Access HMO premium for employee plus one coverage, minus

• The PEMHCA contribution specified in Section A; plus • The combined cost of the premiums for life, dental and vision


Employee plus Family: • The cost of the premium for the employee's selected health insurance

plan. up to eighty percent (80%) of the cost of the Blue Shield Access HMO premium for employee plus family coverage, minus

• The PEMHCA contribution specified in Section A; plus • The combined cost of the premiums for life, dental and vision


ME TOO: The parties agree that the "me too" agreement dated April 22, 2011 is expired.

RESIDENCE REQUIREMENT: The City will permit employees to live within a forty-five (45) minute response time.

MOU CLEAN UP: as agreed to by the partiesto ee presenteel at a later elate.

Page 3 of3

TO:

FROM:

DATE:

SUBJECT:


Mayor and City Council Members <l Mark Fachin, P.E. Public Works Director/City Engineer011l-l\j'J..'-1a-cj)U'0-~' September 17, 2014

Construction Contract Closeout for Exterior Painting of One (1) Five Million Gallon Storage Tank


Recommendation: That the City Council approves a Resolution that:

a. Accepts the project improvements as complete.

b. Authorizes the City Manager to file the "Notice of Completion" for the Exterior Painting of One (1) Five Million Gallon Storage Tank with the Merced County Recorder.

c. Authorizes the Public Works Director/City Engineer to release the five (5) percent retainer amount for the Exterior Painting of One (1) Five Million Gallon Storage Tank withheld by the City after a thirty (35) day period from the date of filing the Notice of Completion with the Merced County Recorder.

Background: The Public Works Department initiated the painting of the surface water storage tank on Ward Road. The exterior of the tank had not been coated since its installation in 2005. Rust was visible at vital locations around the exterior of the tank shell. The City retained the services of a consultant specializing in tank painting inspections and quality assurance to oversee the project. The services of DB Gaya Consulting LLC were retained. In addition to providing the City with quality assurance inspections, DB Gaya assisted the City with the tank painting specification language inserted into the bid specifications. An Invitation for Sealed Bids was advertised on March 28, 2014 and the bid proposals were opened on April 25, 2014.

Discussion: Quality Painting and Maintenance, Inc. provided the lowest responsive and responsible bid for painting the tank in the amount of $157,000.00.

The contract was awarded by the City Council on May 21, 2014 in the amount of $157,000.00 with a 10% contingency of $15,700.00.

The following is a breakdown in actual construction costs including authorized contract change orders:

Construction Contract

Change Order # 1 (Adjusted Work)

Project Construction Contract Total

$157,000.00

($9,891.00)

$147,109.00

During the course of sandblasting for removal of the existing paint coating, a determination was reached by Quality Painting & Maintenance, DB Gaya Consulting, and a representative of Tnemec (paint manufacturer), that the original prime coating could remain except in areas of rust which would be sandblasted to bare metal. Since this reduced the amount of time and materials required for sandblasting the tank, Quality Painting & Maintenance reduced their price by $9,891.00. The City's consultant, DB Gaya, confirmed the reduced contract price was fair. The exterior of the tank still received a complete prime paint coating application, an intermediate paint coating application, and the finish paint coating application, as specified.

The project is now complete and ready to file the Notice of Completion.

Fiscal Impact: The tank painting costs were budgeted from the Water Fund for Capital Outlay in account 501-461-100-738.

Reviewed by:

Steve Carrigan, City Manager

Attachments: 2014-15 Fiscal Budget Sheet Resolution Notice of Completion Bid Opening List

City of Los Banos Water

2014-2015

Account Number Description 2011-2012 2012-2013 2013-2014 2014-2015

Actual Actual ProJected Adoj!ted 501-461-100-735 MasterPlan 3,170 20,310

12,IO~C 53~OO~~ 501-461-100-738 Wells 0 0 501-461-100-739 Water Master Plan Improve 0 0 17,300 606,000 501-461-100-750 Vehicles 0 54,819 61,539 0 501-461-100-753 Specialized Equipment 0 0 195,000 0 501-461-100-770 Computer Equipment 0 0 11510 0

Capital Outlay 3,170 75,129 301,069 1,146,000

501-461-100-822 Principal-Debt Service 93 & 02 325,000 340,000 4,325,000 0 501-461-100-882 Interest Debt Service 234,523 221,385 102,950 0 501-461-100-885 Debt Related Fees 0 2,100 4,300 0

Interest - Debt Service 559,523 563,485 4,432,250 0

501-461-100-825 Water Charge Out 0 ~51589} {1,448~ 0 Charge Ins - Outs 0 (5,589) (1,448) 0

501-495-100-900 Contingency 0 0 0 100,000 Contingency ° 0 0 100,000

501-498-000-000 Transfer Out 0 0 22,210 0 Transfer Out 0 0 22,210 0

Total Water $3,116,665 $2,972,568 $7,278,654 $3,927,318

213

1.

2.

3.

4.

5.

6.

7.

8.

9.

~LosBanos BID OPENING

EXTERIOR PAINTING OF ONE (1) FIVE IS) MILLION GALLON STORAGE TANK

FRIDAY, APRIL 25, 2014 @ 2:00 PM

OnPoint Construction $261,000

Quality Painting & Maintenance $157,000

Blastco, Inc. $189,900

Industrial Coating & Restoration $261,800

J Colon Coatings Inc $205,900

Olympus and Associates $180,000

Pro-Finish $257,800

Wm. B. Saleh Co. $264,368

KM Industrial $395,115

Signed: ~c;el2e.. f. ~~ Dated: April 25, 2014 Lucille L. Mallonee, MMC, City Clerk

Signed ~~ Greg Pi~, ACIIl9 Assistant Public Works Director

RESOLUTION NO.

A RESOLUTION OF CITY COUNCIL OF THE CITY OF LOS BANOS ACCEPTING THE EXTERIOR PAINTING OF ONE (1) FIVE MILLION GALLON STORAGE TANK AS COMPLETE AND AUTHORIZING THE

FILING OF A NOTICE OF COMPLETION WITH THE MERCED COUNTY RECORDER

WHEREAS, on March 28, 2014 the City of Los Banos received competitive bids for the Exterior Painting of One (1) Five Million Gallon Storage Tank; and

WHEREAS, on May 21, 2014 the City Council awarded the painting contract to Quality Painting & Maintenance, Inc. for the Exterior Painting of One (1) Five Million Gallon Storage Tank; and

WHEREAS, upon final inspection the Public Works Director/ City Engineer has determined that all work has been completed in compliance with the 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 project improvements as complete; and

2. Authorize the City Manager to file the Notice of Completion on the Exterior Painting of One (1) Five Million Gallon Storage Tank with the Merced County Recorder within ten (10) days after acceptance; and

3. Authorizes the Public Works Director/City Engineer to release the five percent (5%) retention on the Exterior Painting of One (1) Five Million Gallon Storage Tank 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 17th day of September 2014, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES: NOES: ABSENT:

APPROVED:

ATTEST: Michael Villa Ita, Mayor


RECORDING REQUESTED BY:

WHEN RECORDED RETURN TO:

CITY OF LOS BANOS 520 'J' Street Los Banos, California 93635

NOTICE IS HEREBY GIVEN:

NOTICE OF COMPLETION

I. That the ioterest of estate stated io paragraph 3 below in the real property hereinafter described is owned by the followiog:

NAME STREET AND NO. CITY STATE

CITY LOS BANOS 520 'J' Street Los Banos California

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 of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the precediog paragraph.

3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.

4. That on the 28th day of August 2014 a work of improvement on the real property hereinafter described was completed.

5. That the name of the origioal contractor, if any, for such work of improvement was ____________ _

Quality Painting & Maiotenance, Inc. (If no contractor for work of improvement as a whole, insert "No Contractor.")

6. That the real property herein referred to is situated in the _____ "'C"'itcry-'o"'f ... L"o'-"s ... B"'a"'n"'o>..s __________ _

County of Merced State of California, and is described as follows:

The project entitled, Exterior Paioting of One (I) Five Million Gallon Storage Tank

I declare under penalty of petjury under the laws of the State of California that the foregoing is true and correct.

Date: CITY OF LOS BANOS . -,--","--,-"---""---,"---- --"- ... "," ........ , ........... -, •...... _-.--- ,,- ""."" .. "_ ...... "-, ....•.•..•....•••.••. _,-_ .• Owner

Place: Los California .. _ .......... c .................................................................. __ ..................................... . By: .." .......... ,.,.. . " .. _-"-"---_. . ... _- .................. _. __ ._ ....•..... Steve Carrigan, City Manager

State of California } }

County of Merced }

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 instrument the person( s), or the entity upon behalf of which the person( s) acted, executed this instrument.

WITNESS my hand and official seal.

(Notary Seal) Signature of Notary Public

TO:

FROM:

DATE:

rosBanos Agenda Staff Report


Mark Fachin, P.E., Public Works Director/City Engineer fyYt;LjL ~,."J .. _.-' September 17, 2014

SUBJECT: Out of Boundary Service Agreement (Water) with Helen Mello


Recommendation: That the City Council adopt the Resolution approving the agreement and authorizing the City Manager to execute an Out of Boundary Service Agreement for Water Service with Helen Mello. Property address is 13529 Mercey Springs Road. Assessor's Parcel Number is 082-020-025.

Discussion: The Los Banos Public Works Department received a request to provide water service to 13529 Mercey Springs Road (APN #082-020-025) which is a private residence. The property owner, Helen Mello, has made the water service request. This residential address is located outside the City limits, however, the property is in the general area that other Out of Boundary Service Agreements with the City have been granted.

The property is located within the City's sphere of influence and provision of the aforementioned services is in anticipation of the property being annexed into the City in the future, as per Government code section 56133, subsection 56133(b).

The property owner has requested that the City allow a connection to the existing City water main located on Mercey Springs Road which is adjacent to the properties. The property is in the immediate vicinity of three (3) other "Out of Boundary" water services with current water service accounts.

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 and Specifications.

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. All costs subject to this Agreement are to be paid for by the owner.

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, and all costs associated with this Agreement.

Reviewed by:

4!--:~ Steve Carrigan, City Manager

Attachments: Resolution Out of Boundary Service Agreement

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 082-020-025)

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 13529 Mercey Springs Road, Los Banos, Merced County, California outside the Los Banos city limits (APN 082-020-025) currently improved with one (1) private residence; and

WHEREAS, the Property is located within the City's sphere of influence and provision of the aforementioned services is in anticipation of the property being annexed into the City in the future; and

WHEREAS, in accordance with California Government Code 56133, City is authorized to provide potable water service to property located outside of the incorporated territory; 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 CorteseKnox-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;

1

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;

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 §15301 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 1ih day of September 2014, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:

AYES: NOES: ABSENT:

APPROVED:


ATTEST:


2

OUT OF BOUNDARY SERVICE AGREEMENT BETWEEN THE CITY OF LOS BANOS

AND HELEN M. MELLO (APN 082-020-025)

THIS AGREEMENT is made and entered into September _,2014, between the CITY OF LOS BANOS, a California Municipal Corporation, herein referred to as "City", and HELEN M. MELLO, individually and as Trustee of the Mello Survivor's Trust and Mello Family Trust, owner of that certain property located in the unincorporated territory of the County of Merced.

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 13529 S. Mercey Springs Road, Los Banos, CA 93635;

WHEREAS, the Property is currently improved with one single family residence herein referred to as "the Property Improvements";

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 of the City;

WHEREAS, in accordance with California Government Code 56133, City is authorized to provide potable water service to property located outside of the incorporated territory;

WHEREAS, the Property is located within the City's sphere of influence and provision of the aforementioned services is in anticipation of the property being annexed into the City in the future;

WHEREAS, City has determined 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 of the 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:

l. 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 and for no other purpose. The use shall be limited to domestic/residential non-commercial use for one

single family residence and such uses as are customarily incidental thereto. The parties specifically understand and agree that the City is under no obligation to provide water services beyond the scope as defined in this paragraph 1.

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 of a 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 of the 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 of the 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 of the 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 of use for the use of water services located within the City boundaries without regard for its location outside the boundary of the City.

6. REIMBURSEMENT OF CITY COSTS. Owner shall reimburse City for all actual and reasonable costs incurred by the City relating 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 of the improvements. In addition, Owner shall reimburse City for all actual and reasonable costs incurred by the City relating to the annexation of the 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 of potable 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.

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 of water 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 56133 of the California Government Code. In the event that the LAFCO imposes conditions on the extension of service to the Property, which in the sole discretion of the City are unacceptable, the City shall have no responsibility to provide said service and may terminate this Agreement.

8. ANNEXATION OF THE PROPERTY TO CITY. 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 territory of City.

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 Government Reorganization Act of 2000 (commencing with Section 56000 of the California Government. 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 of annexation 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 territory of the City of Los Banos either before the Merced County 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 that portion of the Property in violation of this Agreement, or the occupant(s) of the Property or portion of the Property in violation of this 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 of the notice to cure the violation.

In the event, such person(s) fails to cure the default within the 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 of the same or a similar provision, regardless of whether the violation is of the 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.

II. 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 territory of City.

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.

IN WITNESS WHEREOF, City and Owner have executed this Agreement on the dates set forth below.

Date:

ATTEST: CITY CLERK



William A. Vaughn City Attorney

Date:

Date:

Date:

CITY OF LOS BANOS, A California municipal corporation

by: STEVE CARRIGAN, City Manager

HELEN M. MELLO

By: HELEN M. MELLO, Trustee of the Survivor's Trust created on October 15, 20 II under the terms of the Mello Living Trust dated July 21, 1977, as amended and restated

By: HELEN M. MELLO, Trustee of the Family Trust created on October 15,2011 under the terms of the Mello Living Trust dated July 21, 1977, as amended and restated

[Signatures Must Be Notarized]

EXHIBIT A

The following described real property in the County of Merced State of California:

Parcel 2. in the County of ~lerced. State of California. as shown on Parcel flap filed in Book ~5. page 7 of Parcel Maps. in the Office of the County Recorder of said County and being a portion of the South half of Section 2. Township 10 South. Ranae 10 East. f1.D.~1.

EXCEPTING THEREFROM 50% of all of the mineral. mineral deposits, natural oils. and natural gases and other hydrocarbon substances of every kind or nature contained in. under or upon said property as reserved in the Deed from Samuel Spina. et ux. et al. recorded August 23.1963. in Book 1621. page 948. Official Records.

APN 082-020-025 Common known address: 13529 S. Mercey Springs Road Los Banos, CA (1.00 acre)

TO:

FROM:

DATE:

LOS Banos {~r Ii

Agenda Staff Report


Mark Fachin, P.E., Public Works Director/City Engineer f)~'vlL.-~,~~Pu-~ September 17, 2014

SUBJECT: Out of Boundary SeNice Agreement (Water) with Joseph and Charlotte Mello


Recommendation: That the City Council adopt the Resolution approving the agreement and authorizing the City Manager to execute an Out of Boundary SeNice Agreement for Water SeNice with Joseph and Charlotte Mello. Property address is 13749 Mercey Springs Road. Assessor's Parcel Number will be assigned by Merced County upon completion of recorded documents.

Discussion: The Los Banos Public Works Department received a request to provide water service to 13749 Mercey Springs Road (APN to be assigned by Merced County) which is a private residence. The property owners, Joseph and Charlotte Mello, have made the water seNice request. This residential address is located outside the City limits, however, the property is in the general area that other Out of Boundary SeNice Agreements with the City have been granted.

The property is located within the City's sphere of influence and provision of the aforementioned seNices is in anticipation of the property being annexed into the City in the future, as per Government code section 56133, subsection 56133(b).

The property owner has requested that the City allow a connection to the existing City water main located on Mercey Springs Road which is adjacent to the properties. The

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 and Specifications.

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. All costs subject to this Agreement are to be paid for by the owner.

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, and all costs associated with this Agreement.

Reviewed by:

:z&g~ Attachments: Resolution Out of Boundary Service Agreement

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 13749 Mercey Springs Road, Los Banos, Merced County, California outside the Los Banos city limits (APN _-_-~ currently improved with one (1) private residence; and

WHEREAS, the Property is located within the City's sphere of influence and provision of the aforementioned services is in anticipation of the property being annexed into the City in the future; and

WHEREAS, in accordance with California Government Code 56133, City is authorized to provide potable water service to property located outside of the incorporated territory; 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 CorteseKnox-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;

1

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;

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 §15301 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 17th day of September 2014, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:

AYES: NOES: ABSENT:

APPROVED:


ATTEST:


2

OUT OF BOUNDARY SERVICE AGREEMENT BETWEEN THE CITY OF LOS BANOS

AND JOSEPH F. MELLO AND CHARLOTTE M. MELLO

(APN_-_-_)

THIS AGREEMENT is made and entered into September _, 2014, between the CITY OF LOS BANOS, a California Municipal Corporation, herein referred to as "City", and JOSEPH F. MELLO AND CHARLOTTE M. MELLO, husband and wife, and as co- trustees of the Mello Living Trust dated July 13, 1977, owners of that certain property located in the unincorporated territory of the County of Merced, herein collectively referred to 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 13749 S. Mercey Springs Road, Los Banos, CA 93635;

WHEREAS, the Property is currently improved with one single family residence herein referred to as "the Property Improvements";

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 of the City;

WHEREAS, in accordance with California Government Code 56133, City is authorized to provide potable water service to property located outside of the incorporated territory;

WHEREAS, the Property is located within the City's sphere of influence and provision of the aforementioned services is in anticipation of the property being annexed into the City in the future;

WHEREAS, City has determined 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 of the 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 and for

no other purpose. The use shall be limited to domestic/residential non-commercial use for one single family residence and such uses as are customarily incidental thereto. The parties specifically understand and agree that the City is under no obligation to provide water services beyond the scope as defined in this paragraph 1.

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 of a 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 of the 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 of the 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 of the 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 of use for the use of water services located within the City boundaries without regard for its location outside the boundary of the City.

6. REIMBURSEMENT OF CITY COSTS. Owner shall reimburse City for all actual and reasonable costs incurred by the City relating 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 of the improvements. In addition, Owner shall reimburse City for all actual and reasonable costs incurred by the City relating to the annexation of the 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 of potable 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.

In addition, Owner agrees that the water service provided pursuant to this Agreement is being provided on an Has available" basis. Owner understands that in a time of water 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 (HLAFCO ") in the manner required by Section 56133 of the California Government Code. In the event that the LAFCO imposes conditions on the extension of service to the Property, which in the sole discretion of the City are unacceptable, the City shall have no responsibility to provide said service and may terminate this Agreement.

8. ANNEXATION OF THE PROPERTY TO CITY. 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 territory of City.

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 Government Reorganization Act of 2000 (commencing with Section 56000 of the California Government. 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 of annexation 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 Propelty 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 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 that portion of the Property in violation of this Agreement, or the occupant(s) of the Property or portion of the Property in violation of this 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 of the notice to cure the violation.

In the event, such person(s) fails to cure the default within the 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 of the same or a similar provision, regardless of whether the violation is of the 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.

I J. 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 territory of City.

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.

IN WITNESS WHEREOF, City and Owner have executed this Agreement on the dates set forth below.

Date:

ATTEST: CITY CLERK



William A. Vaughn City Attorney

Date:

Date:

Date:

Date:

CITY OF LOS BANOS, A California municipal corporation

by: STEVE CARRIGAN, City Manager

JOSEPH F. MELLO

CHARLOTTE M. MELLO

By: JOSEPH F. MELLO, Trustee ofthe Mello Living Trust dated July 13, 1997

By: CHARLOTTE M. MELLO, Trustee of the Mello Living Trust dated July 13, 1997

Signatures must be notarized]

EXHIBIT A

The following described real property in the County of Merced State of California:

That portion of the south half of Section 2, Township 10 South, Range 10 East, Mount Diablo Base and Meridian, in the County of Merced, State of California, described as follows:

Beginning at a paint in the south line of that parcel described in Grant Deed recorded in Volume 2081 of Official Records, Page 16 of Merced Count Records, which lies S 89°53'45" W 2038.00 feet from the southeast corner of said parcel which bears S 89°57' W 33.00 fee! and N 00°25' W 1322.81 feet from the southeast comer of said Section 2; thence S 00°06'15" E 86.00 feet thence S 89°53'45" W 529.32 feet; thence N 00°06'15" W 822.98 feet; thence N 89°53'45" E 529.32 feet; thence S 00°06'15" E 736.98 feet to the point of beginning.

APN_'_'_ Common known address: 13749 S. Mercey Springs Road Los Banos, CA (10.00 acres)


TO: Mayor Villalta & City Council Members

FROM: Stacy Souza Elms, Assistant Planner II '72-DATE: September 17, 2014

SUBJECT: General Plan Amendment from Neighborhood Commercial to Low Density Residential and Zone Change from C-N (Neighborhood Commercial) to R-1 (Low Density Residential) for 310 West I Street

TYPE OF REPORT: Public Hearing

Recommendation:

Staff recommends that the City Council:

1. Open the Public Hearing and receive applicant and public comment;

2. Consider comments presented at the hearing, the information in the Staff Report, the recommendation of the Planning Commission and discuss the proposal;

3. Waive the first reading and introduce the Ordinance by title to Re-zone the property; and

4. Consider a Resolution to approve the General Plan Land Use Amendment and continue to a later meeting, following adoption of the Ordinance.

Background:

In December 2012, the Los Banos City Council adopted Ordinance No. 1106 and approved Resolution No. 5448 for the existing single-family residence at 310 West I Street for a General Plan Land Use Map Amendment from Low Density Residential to Neighborhood Commercial and a Zone Change from R-1 (Low Density Residential) to C-N (Neighborhood Commercial). The property owner/applicant, Debbie Perry, had

recently purchased the property and was proposing to utilize the property as a Durable Medical Equipment (DME) supply store.

After receiving entitlements from the City, the property owner discovered that the cost to convert the existing residence into a commercial structure would be cost prohibitive. The owner put the property up for sale as a Neighborhood Commercial use and has received no interest due to the costs associated with the commercial conversion. The Tenant Improvements would require a partial tear down and addition to the structure, the carport and front porch would need to be removed to accommodate a parking lot, the fence would need to be removed and replaced, and new landscape would need to be installed in accordance with commercial standards. In addition, the interior and exterior of the building would need to be improved to meet the Americans with Disability Act (ADA), which include handicap accessible bathrooms, widening of doorways, flush thresholds, and handicapped parking onsite.

The property owner has received no interest from buyers to use the property as a commercial facility, but rather as its original use of a single-family residence. Currently the property owner does have a potential buyer for the property contingent upon the use being a single-family residence.

Discussion:

The project site is located on the northwest corner of West I Street and Arizona Avenue, more specifically identified as 310 West I Street. The lot is approximately 6800 square feet, and fronts on West I Street, the lot dimensions are approximately 100 linear feet on West I Street and approximately 68 linear feet along Arizona Ave. The site is surrounded by single family dwelling units to the north and east, neighborhood commercial to the south and high density residential to the west.

Additionally, the surrounding zoning is depicted on the map below. Note that the pink color is Neighborhood Commercial, dark brown is High Density Residential, tan is Medium Density Residential, blue is Public Facilities, and yellow is Low Density Residential.

Neighborhood Commercial

D Medium Density Residential

ENVIRONMENTAL ASSESSMENT:

D Low Density Residential

.. High Density Residential

Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, it has been determined that this project is categorically exempt from the provisions of CEQA - Article 19, Section 15301. The proposed land use change is converting the property back to its original land use designation. The proposed project does not consist of expanding the existing singlefamily residence or consist of any changes to the previous use of a private residential dwelling unit.

PLANNING COMMISSION RECOMMENDATION: The Planning Commission of the City of Los Banos held a regularly scheduled public hearing on August 27, 2014 for the purpose of considering General Plan Amendment #2014-01 and Zone Change #2014-01. At the completion of the public hearing, the Planning Commission duly considered all evidence presented at said hearing and recommended approval to the Los Banos City Council.

PUBLIC COMMENT: A public hearing notice was published in the Los Banos Enterprise and notices were mailed out to property owners within a 300' radius of the Project site on September 5, 2014.

Reviewed bv:

St~-ge-r-----Attachments:

1. Ordinance 2. Resolution

Exhibit A: CEQA Findings Exhibit B: Findings for Approval Exhibit C: Conditions of Approval

3. General Plan Map 4. Zoning Map 5. Site Photos 6. Public Hearing Notice - September 5,2014

ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS BANOS AMENDING THE OFFICIAL ZONING MAP BY REZONING PROPERTY LOCATED AT 310 WEST I STREET FROM NEIGHBORHOOD COMMERCIAL (C-N ) TO LOW DENSITY RESIDENTIAL (R-1)

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

Section 1. The property described as 310 W I Street, more specifically identified as Assessor's Parcel Number: 027-044-066 is hereby rezoned as shown on said map from Neighborhood Commercial (C-N) to Low Density Residential (R-1).

Section 2. The City Clerk is hereby directed to make the appropriate markings on the Official Zoning Map in conformance with this Ordinance and the provisions of the Los Banos Municipal Code.

Section 3. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

Introduced by Council Member __ and seconded by Council Member __ on the _ day of September, 2014.

Passed on the __ day of ____ , 201_ by the following vote:

AYES: NOES: ABSENT:

APPROVED:


1

ATTEST:


2

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP FROM NEIGHBORHOOD COMMERCIAL TO LOW DENSITY RESIDENTIAL FOR PROPERTY LOCATED AT 310 WEST I STREET, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER: 027-044-006

WHEREAS, Debbie Perry, as the project applicant and property owner, applied for an amendment to the General Plan Land Use Policy Map and Zoning Map; and

WHEREAS, the Los Banos General Plan was adopted in July 2009, and is the guiding document for land use in the City of Los Banos; and

WHEREAS, the proposal is consistent with the intent of the General Plan and the Zoning Code regulations; and

WHEREAS, the proposal is consistent with surrounding properties and the area in general; and

WHEREAS, the Los Banos Planning Commission held a public hearing on August 27, 2014 for the purpose of considering General Plan Amendment #2014-01 and Zone Change #2014-01 and at the completion of the public hearing, duly considered the evidence presented and recommended approval to the Los Banos City Council; and

WHEREAS, a public hearing was duly noticed for September 17, 2014, in accordance with California Government Code Section 65091 by advertisement in the Los Banos Enterprise and by mail to property owners within 300 feet of the project boundaries on September 5, 2014 to consider and take testimony regarding General Plan Amendment #2014-01 and Zone Change #2014-01 for 310 West I Street; and

WHEREAS, at the September 17, 2014 City Council Meeting the Los Banos City Council, heard and considered testimony, if any, of all persons desiring to be heard; reviewed the Project and staff report; studied the compatibility of the applicant's request with adjacent land uses; has considered the applicant's request in accordance with the General Plan Amendment criteria established in Section 9-3.2314 of the Los Banos Municipal Code; and

WHEREAS, the City Council of the City of Los Banos hereby makes the appropriate findings set forth in Exhibit A (California Environmental Quality Act (CEQA)

1

Findings), and Exhibit B (Findings for Approval), attached hereto and incorporated herein by this reference.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approving an amendment to the General Plan Land Use Map from Neighborhood Commercial to Low Density Residential for the property located at 310 West I Street; more specifically identified as Assessor's Parcel Number: 027-044-006.

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


2

EXHIBIT A

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR A GENERAL PLAN AMENDMENT AND ZONE CHANGE FOR PROPERTY LOCATED AT 310 WEST I STREET, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER: 027-044-006

Pursuant to the requirements of California Public Resources Code Section 21000 et seq. ("CEQA") and Title 14, California Code of Regulations Section 15000 et seq. (the "CEQA Guidelines"), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.

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

1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Guidelines, the project was evaluated within the context of those guidelines and found to be categorically exempt from the provisions of CEQA per Article 19, Section 15301 for existing facilities, as the original use of the dwelling unit will not be intensified or altered.

2. General Plan Amendment #2014-01 and Zone Change #2014-01 was adequately noticed on September 5, 2014 for consideration at a public meeting on September 17, 2014.

3. On the basis of the whole record, including public comment, the City Council finds that there is no sUbstantial evidence that the Project may have a significant effect on the environment.

4. The environmental analysis was prepared in compliance with CEQA and on the basis of the whole record, there is no substantial evidence of significant new information or changes in the environmental setting have occurred that would result in new or greater significant effects not studied in the Initial Study.

5. The City of Los Banos Community and Economic Development Department, located at 520 J Street in Los Banos, is the custodian of the documents that constitute the record of proceedings upon which the determination to adopt the negative declaration is based and will be certified by the Los Banos City Council.

6. Prior to considering the proposed Project, the City Council considered the Categorical Exemption.

EXHIBIT B

FINDINGS FOR APPROVAL FOR A GENERAL PLAN AMENDMENT AND ZONE CHANGE FOR PROPERTY LOCATED AT 310 WEST I STREET, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER: 027-044-006

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

1. As described in the Project staff report, the proposal is consistent with the Los Banos General Plan and Zoning Ordinance as it meets the use and development standards specified within. Evidence. The original use of the property was a private single-family residence which is permitted in the Low Density Residential Zoning District per the text of the Zoning Code. The proposed use is consistent with the Los Banos General Plan as the proposal is compatible in scale and character with existing uses and historic structures and neighborhoods.

2. The proposal will not be detrimental to the health, safety, comfort, or general welfare of the persons residing and working in the City of Los Banos, or injurious to property or improvements in the surrounding neighborhoods or within the City. Evidence. The Low Density Residential use will be compatible with the existing R-1 neighborhood and surrounding uses.

3. The proposed Low Density Residential (R-1) zoning is compatible with the adjacent land uses, properties, and neighborhoods and will not be detrimental or injurious to the neighborhood or to the general welfare of the City. Evidence. The Low Density Residential use matches the surrounding uses and is compatible with adjacent neighborhoods.

EXHIBITC

CONDITIONS OF APPROVAL FOR A GENERAL PLAN AMENDMENT AND ZONE CHANGE FOR PROPERTY LOCATED AT 310 WEST I STREET, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER: 027-044-006

1. Upon approval, the property is to be utilized in a manner appropriate with the Low Density Residential General Plan Designation and the existing structure must be used in accordance with the density standards specified within the Los Banos General Plan

2. Upon approval, the property is to be utilized in a manner appropriate with the R-1 (Low Density Residential) Zoning Classification and the existing structure must be used in accordance with the uses specified within the Los Banos Municipal Code.

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LOS Banos COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT

Date: September 5,2014

Regarding: Notice of Public Hearing

Proposal: General Plan Amendment #2014-01 and Zone Change #2014-01 for 310 West I Street

NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider General Plan Amendment #2014-01 and Zone Change #2014-01 for Debbie Perry. The project proposal is for the amendment to the General Plan Land Use Policy Map and Zoning Map from Neighborhood Commercial (C-N) to Low Density Residential (R-1). The project site is located at 310 W. I Street; more specifically identified as Assessor's Parcel Number: 027-044-006.

The Planning Commission of the City of Los Banos held a regularly scheduled public hearing on August 27, 2014for the purpose of considering the above mentioned project. At the completion of the public hearing, the Planning Commission duly considered all evidence presented at said hearing and recommended approval to the Los Banos City Council.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the City Council on Wednesday, September 17, 2014 at 7:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 "J" Street. Questions regarding the abovereferenced item may be directed to Stacy Souza Elms, Assistant Planner II at City Hall or at (209) 827-7000, Ext. 133.

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

THE CITY OF LOS BANOS

Stacy Souza Elms Assistant Planner II


TO:

FROM:

DATE:


Steve Carrigan, City Manag

Z7 t/

September 17, 2014

SUBJECT: Requesting Action by Congress on Drought Legislation

TYPE OF REPORT: Agenda Item

Recommendation:

Adopt the resolution Requesting Action by Congress on Drought Legislation.

Discussion:

The City of Los Banos is acutely aware of the importance of a reliable, secure and safe water supply to the health, prosperity, and well being of its citizens; and understands that, not only its own water supply, but that of the entire surrounding region, has a direct impact on the City.

The well-being of the City and its citizens being integrally connected to the well-being of the water supply for the surrounding region, the City has interest in ensuring that the water supply of the major water and irrigation districts that surround the City is protected and promoted; and would like to take a formal approach to urge California's delegation to both Houses of Congress to immediately conclude negotiations and arrive at a joint Drought Relief measure that can be adopted by both houses of Congress and signed by the President.

Attachments:

Resolution

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS REQUESTING ACTION BY CONGRESS ON DROUGHT LEGISLATION

WHEREAS, the City Council of the City of Los Banos is acutely aware of the importance of a reliable, secure and safe water supply to the health, prosperity, and well being of its citizens. Further, the City Council understands that, not only its own water supply, but that of the entire surrounding region, has a direct impact on the City; and

WHEREAS, the well-being of the City of Los Banos and its citizens being integrally connected to the well-being of the water supply for the surrounding region, the City has interest in ensuring that the water supply of the major water and irrigation districts that surround the City is protected and promoted; and

WHEREAS, an integral part of the total water supply for the region surrounding the City is water delivered under a federal Central Valley Project contract of the sort that has been enjoyed by the Exchange Contractors, the Federal San Luis Unit irrigation districts, and the Refuges and Wildlife Areas located along the West Side of the San Joaquin Valley; and

WHEREAS, this water supply has been withheld from San Luis contractors, and Refuge and Exchange Contractor supplies significantly reduced this year, and for the first time in the more than the 60 years that the Exchange Contract has been implemented the United States Bureau of Reclamation has delivered San Joaquin River Water from Friant Dam to the Exchange Contractors resulting in a zero allocation for Friant contractors on the east side of the valley; and

WHEREAS, this year's zero water supply allocation for San Luis Unit contractors, together with the greatly reduced Refuge and Exchange Contractors is already having dramatic negative impacts on the groundwater levels of the region, as well as on the farm economy upon which the City of Los Banos and the surrounding region rely; and

WHEREAS, this year's water supply allocations are directly tied to failed management by state and federal agencies of the Sacramento-San Joaquin River Delta, as a result of imbalanced implementation of the federal Endangered Species Act, preventing typical water deliveries to the San Joaquin River Exchange Contractors and compelling said Exchange Contractors to receive San Joaquin River water that would normally have been delivered to East Side water and irrigation districts further negatively impacting the economic wellbeing of the San Joaquin Valley; and

WHEREAS, just as the City and its residents have been forced to adopt progressively aggressive conservation measures to adapt to the current period of drought, so too should the agencies who manage resources for the benefit of wildlife and environmental interests; and

WHEREAS, the City of Los Banos concurs with the elected leaders of the City's irrigation and water district neighbors, who have concluded that a more balanced implementation of the Endangered Species Act in the Delta and a greater focus on environmental water conservation would have resulted in a modest water supply for San Luis Unit and Friant contractors this year, rather than the current zero allocation, and a full critical year supply for the Exchange Contractors and Refuges.

THEREFORE, BE IT RESOLVED that the City of Los Banos has a direct and keen interest in development of legislation that cures the mismanagement of the Delta, and ensures that a zero-allocation for San Luis and Friant Division contractors will not happen in the future.

BE IT FURTHER RESOLVED that action in Congress must be taken immediately if another year of regulatory drought is to be avoided.

BE IT FURTHER RESOLVED that the City of Los Banos applauds members of the House of Representatives and the United States Senate for passing two separate measures that offer hope of fixing the management problems in the Delta that have led to the Friant Division's zero allocation: Senate passage of S. 2198, the Emergency Drought Relief Act, and House passage of H.R. 3964, the Sacramento-San Joaquin Valley Emergency Water Delivery Act.

BE IT FURTHER RESOLVED that the City of Los Banos urges California's delegation to both Houses of Congress to immediately conclude negotiations and arrive at a joint Drought Relief measure that can be adopted by both houses of Congress and signed by the President.

BE IT FURTHER RESOLVED that the City Council of the City of Los Banos expresses support for the positions taken in the "Allied Growers Letter" to members of Congress dated July 10, 2014, signed by a number of the San Joaquin Valley's farming leaders.

PASSED AND ADOPTED this 17th day of September 2014, at a regular meeting of the City Council by the following vote:

AYES: Council Members NOES: ABSENT:

APPROVED:

Michael Villalta, Mayor ATTEST:


TO:

FROM:

DATE:



Steve Carrigan, City Manag~

September 17, 2014

SUBJECT: Presentation Regarding Revenue Sharing

TYPE OF REPORT: Agenda Item

There will be a brief presentation from City staff regarding Revenue Sharing.

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