Agenda packet — Los Banos City Council, May 18, 2022 (part 2 of 2)

State of California
County of _ __ _
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On _____ , 20_, before me, _______ _ ___ _ __,, a Notary Public, personally appeared _ ___________ , who proved to me 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 his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _ ___________ _
[SEAL]
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LOsBanos
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COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: May 6, 2022
Re: Notice of Public Hearing
Proposal: Villages V at Stonecreek - Quail Meadows Final Development Plan #2021-01 and Development Agreement
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider Final Development Plan #2021-01 and associated Development Agreement for Villages V at Stonecreek - Quail Meadows consistent with the Stonecreek Environmental Impact Report (EIR). The proposed project consists of the subdivision of approximately 70.5 acres into 271 single-family residential lots. The Final Development Plan consists of site design and conceptual architecture to implement the Planned Development zoning. The project site is located south of West Pacheco Boulevard, west of Dock Avenue, and east of the city limit line; more specifically identified as Assessor's Parcel Numbers: 430-010-024, 026, 027, 028, 035, and 430-103-004.

The Los Banos Planning Commission held a public hearing on December 8, 2021, for the purpose of considering the above mentioned project. At the completion of the public comment, the Planning Commission recommended approval of Final Development Plan #2021-01 and associated Development Agreement for Villages Vat Stonecreek - Quail Meadows to the Los Banos City Council.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, May 18, 2022 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 J Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Stacy Souza Elms, Community and Economic Development Director, at City Hall or at (209) 827-2433.

All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing.

THE CITY OF LOS BANOS
Stacy Souza Elms
Community and Economic Development Director
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TO:

FROM:

DATE:

TYPE OF REPORT:

SUBJECT:

LOsBanos
At thr Crossroads of California
Agenda Staff Report
Mayor Faria and City Council Members
Stacy Souza Elms, Community and Economic Development ~9..,~ Director T
May 18, 2022
Agenda
Purchase of Property Located at 610 Pacheco Blvd. (APN: 026- 121-006)
RECOMMENDATION:

ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS

AUTHORIZING AND APPROVING THE PURCHASE OF THE REAL PROPERTY LOCATED AT 610 EAST PACHECO BLVD (APN 026-121-006)
BACKGROUND:

The City of Los Banos is considering the purchase of real property located at 610 Pacheco Blvd. for the purpose of establishing a gateway public space/entrance to the Los Banos Downtown at this location.

The specific details regarding the gateway public space/entrance to the Los Banos Downtown, modifications to the property, and related matters have not been determined at this time. These determinations will be made when and if the property is acquired.

On December 15, 2021, the City Council of the City of Los Banos approved the Purchase and Sale Agreement and Joint Escrow Instructions between the City of Los Banos and the Sybil Balatti Family in the form and on the terms presented to the City Council, and authorized the Mayor to execute the Agreement 343
LOCATION:

The subject property is located at the northeast corner of 6th Street and East Pacheco Blvd (SR152). The property is approximately 0.3 acres in size. The property is currently an unoccupied paved lot with no structures. Former use of the property includes a fuel station and car sales lot.

This area is in the center quadrant of the City of Los Banos, within a highway commercial corridor at the entrance to the Los Banos Downtown. The property is adjacent to Westside Elementary School, and across the street from an auto parts store, lube and oil shop, and a 7-11 convenience store.

The property has a General Plan Land Use designation of Commercial and is zoned He (Highway Commercial). The parcels surrounding the subject property have the General Plan land use designations of Commercial and Civic Institutional. The parcels immediately surrounding the subject property are zoned H-C (Highway Commercial). 344
LAND USE MAP:

DISCUSSION:

Terms of Sale
Staff negotiated a purchase price of $170,500 with a deposit of $2,500 to be applied to the purchase price. The purchase price is within 10% of the appraised value as indicated in an appraisal prepared for the City by Valbridge Property appraisers. The Agreement provided for a 60 day contingency period for the City to conduct its due diligence (extended by mutual agreement of the parties). The Agreement provides for a closing date of June 15, 2022. The Agreement sets forth standard and typical conditions and contingencies.

Due Diligence
During the due diligence period the City obtained a preliminary title report from TransCounty Title Company. There are a number of exceptions to title as shown on the title report, none of which should affect the decision to move forward with the transaction.

During the due diligence period the City through Provost and Pritchard Consulting Group performed a Phase I Environmental Site Assessment in order to 345
understand/identify any recognized environmental condition associated with the Property's past and current use.

Recognized Environmental Condition (REC) is defined as "the presence or likely presence of hazardous substances or petroleum products under conditions that indicate a release into structures on the property or into the ground, groundwater or surface water of the property." The assessment revealed a REC concerning the removal of two underground storage tanks on the Property without verification of soil testing upon removal in order to identify any contaminated soil (former fuel station site). As a result of the Phase I the City through Provost and Pritchard Consulting Group performed a Limited Phase II Environmental Assessment. The purpose of the Limited Phase II was to evaluate the REC identified in the Phase I. The Limited Phase II included: passive soil gas sampling; and soil sampling on the Property in the area of the removed underground storage tanks. Based upon the sampling the Limited Phase II concluded that concentrations of fuel and associated volatile organic compounds in the soil at the site "do not appear to be a threat to groundwater or human health."
While no environmental site assessment can wholly eliminate uncertainty regarding the potential for RECs in connection with the Property that uncertainty has been reduced within reasonable limits based upon the conclusions of the assessments conducted by the City.

General Plan Conformance
Government Code Section 65402 (Restrictions on Acquisition and Disposal of Real Property) requires the City's planning agency to review and report its determination whether the location, purpose and extent of the subject property acquisition is consistent with the General Plan. In this case, the determination as to General Plan conformity is limited to a review of whether the proposed use of the property slated for acquisition is consistent with the General Plan land use designation and is otherwise consistent with the General Plan's goals and policies.

Regarding conformance with General Plan goals and policies, the Planning Commission found the proposal in compliance with the City's General Plan goals and policies as follows:
• LU-1-42 Promote pedestrian-oriented amenities near Downtown such as outdoor seating, plazas, public art, weather protection, and waiting areas (benches and shelters).
• ED-G-5 Promote Downtown as a cultural and entertainment center to bring people downtown and stimulate business opportunities.

Acquisition of the subject property would allow the City to establish a gateway public space/entrance to the Los Banos Downtown in conformance with the above stated general plan guiding policies.
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Downtown Strategic Plan
The City adopted the Downtown Strategic Plan in February 2020. The Downtown Strategic Plan supplements Los Banos' existing policies and efforts for the downtown, as well as those of the 2030 General Plan; the Downtown Strategic Plan serves as a roadmap and implementation guide to achieve the City's vision for the downtown. The Los Banos Downtown Strategic Plan is a component of the broader Los Banos 2040 General Plan Update effort. Both planning documents informs the other, and are designed to harmonize with respect to both land use and policy.

One of the strategies set forth in the Downtown Strategic Plan suggests the City consider establishing a gateway public space/entrance to the Los Banos Downtown at this location.

Zoning
The current zoning for this location is highway commercial (H-C) which allows for public uses by right.

ENVIRONMENTAL DETERMINATION:

The General Plan consistency finding is exempt from further analysis per section 15061(b)(3) of the CEQA Guidelines. CEQA Guidelines Section 15061 (b)(3) (General Rule) states that when it can be seen with certainty that there is no possibility that an action will have a significant effect on the environment, that activity is not subject to CEQA. The evaluation of General Plan consistency for the purchase of the subject property will not have any effect on the environment. Ownership will change; however, no physical changes are proposed or authorized with the purchase. Therefore, it can be seen with certainty that there is no possibility of significant environmental effects and the purchase is not subject to CEQA.

It should be noted that the potential future use of the property as determined by the City Council would be subject to a separate discretionary action and CEQA compliance review at that time. The full extent of the future use, design, and operations of the property are speculative at this point and are therefore not yet ripe for evaluation.

Potential environmental impacts will be evaluated at the time the City Council considers establishing the specific use for the property.

Fiscal Impact:

The fiscal impact of the acquisition of 610 Pacheco Blvd. would be to the General Fund in Fiscal Year 2021-2022 to increase expenditures by $172,515.50 (purchase price plus closing costs split with the seller) to account 100-419-100-710 for Land Purchase. 347
Josh Pinheir -f,rSonya Wliams,
~ Finance Director
Attachments:

1. Resolution

2. Sale and Purchase Agreement

3. Current General Plan Land Use Map

4. Current Zoning Map
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING AND

APPROVING THE PURCHASE OF THE REAL
PROPERTY LOCATED AT 610 PACHECO BLVD
(APN 026-121-006) AND ADOPTING A BUDGET
ADJUSTMENT FOR FISCAL YEAR 2021-2022 AS

IT PERTAINS TO EXPENDITURES
WHEREAS, 610 Pacheco Blvd., identified as Assessor Parcel Number 026-121- 006 (the "Property'') is located at the corner of Sixth Street and Pacheco Blvd., at the entrance to the Los Banos Downtown;
WHEREAS, the proposed purchase of the Property is for the purpose of potentially establishing a gateway public space/entrance to the Los Banos Downtown at this location;
WHEREAS, on December 15, 2021, the City Council of the City of Los Banos approved the Purchase and Sale Agreement and Joint Escrow Instructions between the City of Los Banos and the Sybil Balatti family in the form and on the terms presented to the City Council, and authorized the Mayor to execute the Agreement; WHEREAS, staff has completed its due diligence activities; including obtaining a title search of the Property; obtaining a Phase I Environmental Site Assessment; and a Limited Phase II Environmental Site Assessment;
WHEREAS, pursuant to California Government Code Section 65402 the proposed purchase of the Property has been found to be in conformity with the adopted 2030 General Plan by the Planning Commission at a Public Hearing held on May 18, 2022 as follows:
• LU-I-42 Promote pedestrian-oriented amenities near Downtown such as outdoor seating, plazas, public art, weather protection, and waiting areas (benches and shelters).
• ED-G-5 Promote Downtown as a cultural and entertainment center to bring people downtown and stimulate business opportunities;
WHEREAS, the purpose of potentially establishing a gateway public space/entrance to the Los Banos Downtown at this location is consistent with the Los Banos Zoning Code and the Los Banos Downtown Strategic Plan; WHEREAS, the City Council of the City of Los Banos may adjust the overall 349
appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed budget increase is $172,515.50 in expenditures for the Community and Economic Development Department, Land Purchase account (100- 419-100-710); and
WHEREAS, the funds are available for transfer from the General Fund Account; and
WHEREAS, the acquisition of the Property has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to CEQA Guidelines Section 15061 (b)(3) (General Rule), in that it can be seen with certainty that there is no possibility that the proposed acquisition will have a significant effect on the environment and, therefore, environmental review under CEQA is not required at this time.

NOW THEREFORE BE IT RESOLVED THAT:

1. The City Council of the City of Los Banos finds that the purchase of the Property as proposed is for the common public benefit and is consistent with the 2030 General Plan; and

2. The City Council of the City of Los Banos authorizes the City Manager or designee to take all steps and execute all documents necessary to complete the sale and acquisition of the property pursuant to the Purchase and Sale Agreement dated December 15, 2021, including execution of a certificate of acceptance of the deed pursuant to Government Code section 27281 conveying title to City of Los Banos; and

3. That the City Council of the City of Los Banos hereby amend the 2021-2022 Fiscal Year Budget to include an increase of $172,515.50 to expenditures account 100-419-100-710.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on this 18th day of May 2022, by Council Member ___ , who moved its adoption, which motion was duly seconded by Council Member ___ , and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:
350
Manuel Thomas Faria 111, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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PURCHASE AND SALE AGREEMENT AND

JOINT ESCROW INSTRUCTIONS

BETWEEN

SYBIL ANN BALATTI, AS TRUSTEE OF THE GUIDO AND SYBIL
BALATTI 1990 TRUST B, ESTABLISHED AUGUST 16, 1990; THOMAS J.

BALATTI, SPECIAL TRUSTEE OF THE SEPARATE PROPERTY OF
1HOMAS J. BALATTI UNDER THE BALA TTI FAMILY 2005 REVOCABLE TRUST DATED MAY 16, 2005; AND DOUGLAS ALAN BALATTI, TRUSTEE

OF THE DOUGLAS ALAN BALATTI REVOCABLE TRUST
DATED MARCH 14, 2009
SELLER
AND

CITY OF LOS BANOS
BUYER

FORTHEPURCHASEANDSALEOF

REAL PROPERTY LOCATED
AT 610 EAST PACHECO BOULEVARD, LOS BANOS, CALIFORNIA
(APN 026""121-006)
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SUMMARY STATEMENT
This Summary Statement is attached to that certain Purchase and Sale Agreement and Joint Escrow Instructions by and between the Buyer and Sellers referenced below and is for reference purposes only. If there is any conflict between this Summary Statement and the Purchase and Sale Agreement and Joint Escrow Instructions, the terms of the Purchase and Sale Agreement and Joint Escrow Instructions shall control.

Effective Date: The effective date shall be deemed to be December 15, 2021.

Property Address: 610 East Pacheco Boulevard, Los Banos, California Buyer: City of Los Banos (referred to in the Agreement as "Buyer").

Buyer's Address: City of Los Banos
Attention: Stacy Souz.a· Elms, Community and Economic
Development Director
520 J Street
Los Banos, CA 93635
Telephone: (209) 827-2433
Electronic Mail: [email protected]
Seller: Sybil Ann Balatti, As Trustee Of The Guido And Sybil Balatti 1990 Trust B, Established August 16, 1990;
Thomas J. Balatti, Special Trustee Of The Separate Property Of Thomas J. Balatti Under The Balatti Family 2005 Revocable Trust Dated May 16, 2005; and
Douglas Alan Balatti, Trustee Of The Douglas Alan Balatti Revocable Trust Dated March 14, 2009 ( collectively referred to in the Agreement as "Seller").

Seller's Address: Thomas J. Balatti. Trustee
629 Madison Avenue
Los Banos; CA 93635
Telephone: (209) 826-1933
Electronic Mail: [email protected]
Purchase Price: $170,500.00
Real Property: (APN 026-121-006 approximately 0.296-acre or 12,905-squarefoot parcel) located at 610 East Pacheco Boulevard, Los Banos, California as depicted in Exhibit A.

Contingency Date: Sixty (60) days after the Effective Date.

Closing Date ( or Closing) Ninety (90) days from the Effective Date. 2 Original 1 of 2
354
Escrow/Title Company:

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Trans County Title Company
265 Mercey Springs Road,
Suite K
Los Banos, California 93635
Telephone No.: (209) 826-0804
3 355

PURCHASE AND SALE AGREEMENT
AND

JOINT ESCROW INSTRUCTIONS
This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS ("Ag~ement") is made and entered into effective as of December 15. 2021 (the "Effective Date") b and between Sybil Ann Balatti, As Trustee Of The Guido And Sybil Balatti 1990 Trust B, E tablished August 16, 1990; Thomas J. Balatti, Special Trustee Of The Separate Prnperty Of Toomas J. Balatti Under The Balatti Family 2005 Revocable Trust Dated May 16, 2005; and Douglas Alan Balatti, Trustee Of The Douglas Alan Balatti Revocable Trust Dated March 14, 2009 (collectively referred to in the Agreement as "Seller"), and the City of Los Banos, a California municipal corporation (referred to in the Agreement as "Buyer"). This Agreement shall serve · as joint escrow instructions to TransCounty Title Company ("Escrow Holder" or "Title Company", as applicable) who shall act as both the escrow holder and the title company for purposes of this Agreement.

RECITALS
A. Seller is the fee owner of that real property generally.located at 610 East Pacheco Boulevard, Los Banos, California, (APN 0i6-121-006 approximately 0.296-acre or 12,905- square-foot parcel) as depicted in the map labeled as Exhibit "A" attached hereto and made a part hereof ( coilectively the "Real Property"). ·
B. As of the Effective Date, the Real Property is vacant and zoned Highway Commercial.

C. Buyer's potential use of the Real Property is for municipal purposes: ("Buyer's Use").

D. Seller has agreed to sell to Buyer and Buyer has agreed to purchase from Seller the Real Property described herein for the price and subject to the terms set forth below. The purpose of this Agreement is to formally memorialize the terms and conditions of the sale between the parties.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows:

AGREEMENT

1. Purchase and Sale. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the Real Property depicted and described in Exhibit A attached hereto, on the terms and conditions set forth in this Agreement.

2. Purchase Price. Buyer shall purchase the Real Property for the aggregate purchase price of ONE HUNDRED SEVENTY THOUSAND FIVE HUNDRED DOLLARS AND 00/100 CENTS ($170,500.00) (the "Purchase Price").
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3. Deposit and Payment of Purchase Price. Upon opening of escrow as set forth in paragraph 4, Buyer shall make an earnest money deposit (the "Deposit") of TWENTY FIVE HUNDRED DOLLARS AND 00/100 CENTS ($2,500.00) with the Escrow Holder, which will be credited against the Purchase Price at the Closing. The Deposit shall be refundable in the event that: (i) the purchase and sale of the Real Property fails to close due to a default by Seller, or (ii) as otherwise additionally specifically set forth in this Agreement.

Prior to Closing, Buyer shall deposit with Escrow Holder immediately available funds in the amount of the balance of the Purchase Price, together with funds necessary to cover Buyer's closing costs.

4. Escrow. The parties agree that an escrow shall be opened with TransCounty Title Company, Los Banos Branch, Sheila Waltman, 265 Mercey Springs Road, Suite K, Los Banos, California 93635 ("Escrow Holder"). Within five (5) business days of the execution of this Agreement in its final form, including all exhibits, by all parties hereto, Seller and Buyer shall submit to escrow, a fully executed copy of this Agreement. This Agreement shall, to the extent possible, serve as the escrow instructions. The parties agree to execute all further escrow instructions required by the Escrow Holder, which further instructions shall be consistent with this Agreement.
"Close of Escrow" is defined to be the date of recordation of the grant deed. The parties hereto agree that in the event all conditions as specified herein are fulfilled or waived, Close of Escrow shall occur on or before ninety (90) days from the Effective Date, unless extended by the mutual agreement of the parties hereto. If the Closing has not, for any reason, occurred by the Closing Date, then either Buyer or Seller may terminate this Agreement by delivering written notice to the other at any time after the outside Closing Date; provided, however, that if either party is in default under this Agreement at the time of such termination, then such termination shall not affect the rights and remedies of the non-defaulting party against the defaulting party.

5. . Escrow and Other Fees. Seller and Buyer shall each pay 50% of the Escrow Holder's fees, including escrow charges and fees, filing fees and recording fees. Seller and Buyer shall each pay 50% of the cost and the cost of preliminary title reports, · and the premium for any CL TA Owners Policy of Title Insurance. Buyer shall pay the cost of all endorsements to the Title Policy and any extended coverage. Seller shall pay the cost of documentary transfer taxes. Buyer shall pay the cost of preparing a legal description; Notwithstanding the foregoing, and whether or not the transaction contemplated by this Agreement is closed, Seller and Buyer shall each bear their own attorney's, accountant's and consultant's fees, travel expenses, reproduction and document retrieval costs, and all other costs incurred with respect to this Agreement or with respect to any due diligence activities associated with this Agreement.

6. Title Review.

Within seven (7) days after the Opening of Escrow, Seller shall cause the Title Company to deliver to Buyer a preliminary title report (the "Report") describing the title to the Real 5 Original 1 of 2
357
Property, together with copies of the plotted easements and the exceptions (the "Exceptions") set forth in the Report.

Buyer shall have ten (10) days to review the Preliminary Title Report ("Title Review Period"). Prior to the expiration of the Title Review Period, Buyer shall provide written notice to Sellers of any objection to any Exceptions ("Buyer's Objections") or a written notice setting forth its approval of the Exceptions ("Buyer's Approval"). If Buyer provides Buyer's Approval or fails to provide Buyer's Objections during the Title Review Period, the parties shall close the purchase and sale within the time period described in Section 4 herein. If Buyer provides Buyer's Objections, Sellers shall have the right, but not the obligation, within ten (10) days after the receipt thereof, to have Buyer's Objections removed from title or to provide Buyer with written notice that Sellers will pay the costs to endorse over Buyer's Objections to Buyer's satisfaction (in either case, "Sellers' Response"). If Sellers timely provide Sellers' Response, the . parties shall close the purchase and sale within the time period described in Section 4 herein. If Sellers fail to timely provide or effectuate Sellers' Response, or elects not to remove or endorse over Buyer's Objections, Buyer shall have the right (but not the obligation) as its sole and exclusive remedy against Sellers at law or in equity to terminate the Agreement, receive a refund of its Deposit (including any accrued interest thereon). In the alternative, Buyer shall have three (3) days after the expiration of such ten (10) day period to give Seller written notice that Buyer elects to proceed with the purchase of the Real Property subject to the disapproved Title Document(s), it being understood that Buyer shall have no further recourse against Seller for such disapproved Title Exception(s).

Buyer shall have the same rights to approve or disapprove any exceptions to title that are not created by Buyer and . that come into existence after issuance of the Report but prior to Closing. Seller shall, . on or before the Closing, remove all deeds of trust, mortgages and delinquent taxes (but not the lien for any real property taxes or assessments not yet delinquent).

7. Possession. Possession of the Property shall be delivered to Buyer on the Close of Escrow;

8. Prorations. All non-delinquent general and special real property taxes for the fiscal year at the Close of Escrow, if any, and all special and bonded assessments and levies, if any, included in and payable with the taxes attributable to the Property, are to be·prorated as of the date of the Close of Escrow. Buyer is not to be responsible for, and Seller is to assume all responsibility for, unpaid delinquent taxes or assessments, if any. Such real estate taxes and assessments shall be apportioned and paid as provided in California Revenue and Taxation Code Section 5086. If Seller has prepaid any taxes or assessments that are cancelled pursuant to Section 5086, Seller may seek any refunds to which it is entitled from applicable taxing agencies.

All taxes, assessments and bonds, if any, up to the date of apportionment by the County of Merced, as appropriate, shall be paid by Seller. Personal property taxes, if any, shall be paid in full by Seller.

9. Real Estate Brokers.. Buyer and Seller represent and warrant to each other that no commission or fee whatsoever is payable out of escrow to any person or entity in connection with the transactions contemplated by this Agreement. If any broker or finder makes any claim 6 Original 1 of 2
358
for a commission or finder's fee other than as specified above, the party through which the broker or finder makes such claim shall indemnify, defend and hold the other party hannless from all liabilities, expenses, losses, damages or claims (including the indemnified party's reasonable attorneys' fees) arising out of such broker's or finder's claims.

10. As-Is Sale. Buyer acknowledges, by its initials as set forth below, that the provisions of this paragraph 10 have been required by Seller as a material inducement to enter into the contemplated transactions, and the intent and effect of such provisions have been· explained to Buyer by Buyer's counsel and have been understood and agreed to by Buyer. As a material inducement to Seller to enter into this Agreement and to convey the Property to Buyer, Buyer hereby acknowledges and agrees that:

AS-IS. Except with respect to representations set forth in the Agreement, Buyer has not relied upon and will not rely upon, either directly or indirectly, any representation or warranty of Seller or any of its respective agents and acknowledges that no such representations have been made. Except for the representations, warranties and covenants of Seller expressly set forth in the Agreement, Buyer is relying solely upon, and as of the Closing will have conducted, its own, independent inspection, investigation and analysis of the Real Property as it deems necessary or appropriate in so acquiring the Real Property from Seller, including, without limitation, an analysis of any and all matters concerning the condition of the Property and their suitability for Buyer's intended purposes, the ability to use the Real Property for the intended use described herein, the ability to develop the Real Property and commence using· same for the intended use within the timeframes desired by Buyer and a review of all applicable laws, ordinances, rules and governmental regulations (including, ·but not limited to, those relative · to building, zoning and land use) affecting the development, use, occupancy or enjoyment of the Real Property. Buyer acknowledges and agrees that, except as otherwise expressly provided in the Agreement, upon Closing, Se hall sell and convey to Buyer and Buyer shall accept the Property "AS-IS" and "WITII AL UL TS". -
1)f) ~SJ .::5. A . @,,
Seller's Initials

11. Representations and Warranties of Seller. For purposes of the Agreement, the phrase ''to the best of Seller's actual knowledge" or similar phrases shall refer to the actual present knowledge of the Seller, without any independent duty of inquiry or investigation, provided that so qualifying Seller. Seller hereby represents and warrants to Buyer that:
a. Enforceability. This Agreement constitutes a valid and binding agreement of Seller, enforceable in accordance with its terms.
b. Compliance with Laws. To the best of Seller's actual knowledge, Seller's ownership, use and operation of the Property has been and is in compliance with all applicable state, federal and local statutes, ordinances, orders, requirements, laws or regulations (including, without limitation, building, zoning, and environmental laws) affecting the Property. 7 Original 1 of 2
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c. Encumbrances. To the best of the Seller's actual knowledge, the Property is not subject to any liabilities, liens, or encumbrances other than those disclosed on the Preliminary Report and to the best of Seller's actual knowledge, there is no pending or threatened litigation or administrative proceedings affecting the Property or this Agreement. d. Disclosures. To the best of Seller's actual knowledge, Seller does not know of any material fact which would be reasonably construed to prevent the Property from being used for municipal purposes;
e. Hazardous Materials. Prior to execution of this Agreement, Seller has disclosed to Buyer that Seller is not aware of any underground storage tank currently located on the subject property. However, Buyer has been informed by Seller of _the previous removal of an underground storage tank from the subject property by Seller during Seller's ownership of the subject property. Buyer has been informed by Seller that Seller does not possess any report from any responsible governmental agency relating to the removal of the underground storage tank.

Except as disclosed herein, to the best of Seller's actual knowledge, (i) t.4ere has been no production, storage or disposal at the Property of any Hazardous Materials (as defined below) by Seller or, to the best of Seller's actual knowledge, by any previous owner or tenant of the Property, (ii) to the best of Seller's actual knowledge, Hazardous Materials have not been dumped, buried, leaked, or otherwise released upon, in, or under the Property or allowed to pass on, under or through the Property at any time during or prior to Seller's ownership of the Property; (iii) to the best of Seller's actual knowledge, Seller has complied with all laws, regulations, and ordinances relating to the use of all Hazardous Materials used on the Property; and (iv) to the best of Seller's actual knowledge, there is no proceeding or inquiry by any federal, state or local governmental agency with respect thereto. "Hazardous Material", means any hazardous or toxic substance, material or waste that is (i) regulated by any local governmental authority, the State of California or the United States Government, (ii) defined as an "acutely hazardous waste", "extremely hazardous waste", "hazardous waste", or "waste" under Sections 25110.02, 25115, 25117 or 25124 or listed pursuant to Sections 25141 and 25141.5 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control); (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (v) petroleum; (vi) asbestos; (vii) listed under Chapter 10 of Division 4.5 of Title 22 or defined as hazardous or extremely hazardous pursuant to Division 21.5 of Title 26 of the California Code of Regulations; (viii) designated as a "hazardous waste" pursuant to Section 6903 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; (ix) defined as a "hazardous substance" pursuant to Section 9601 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seg.; (x) any flammable substances or explosive; or (xi) any radioactive material.
£ Subsequent Changes to Seller's Representations and Warranties. If, prior to the Closing, Buyer or Seller should learn, discover or become aware of any existing or new item, 8 Original 1 of 2
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fact or circumstance which renders a representation or warranty of Seller set forth herein incorrect or untrue in any respect (collectively, the "Seller Representation Matter"), then the party who ' has learned, discovered or become aware of such Representation Matter shall promptly give written notice thereof to the other party and Seller's representations and warranties shall be automatically limited to account for the Representation Matter. Buyer shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Seller if Buyer reasonably disapproves any such change. If Buyer does not elect to terminate this Agreement, Seller's representation shall be qualified by such Seller Representation Matter and Seller shall · have no obligation to Buyer for such Seller Representation Matter.

12. Representations and Warranties of Buyer. Buyer represents and warrants to Seller that Buyer is a California municipal corporation. Buyer has the full power and authority to execute and enter into this Agreement and, subject to the conditions set forth herein, has the power and authority to consummate the transactions contemplated hereunder. This Agreement constitutes a valid and binding agreement of Buyer enforceable in accordance with its terms.

13. Survival of Representations and Warranties: Hold Hannless. All of the representations and warranties of Buyer and Seller made in conjunction with and pursuant to this Agreement shall survive the Close of Escrow and the delivery of the Grant Deed as though made again on such date. Seller agrees to indemnify, defend, and hold Buyer harmless from any claim, demand, liability, loss or cost (including reasonable attorneys' fees) that Buyer may sustain arising out of any breach of or inaccuracy in Seller's representations and warranties. Buyer agrees to indemnify, defend, and hold Seller hannless from any claim, demand, liability, loss, or cost (including reasonable attorneys' fees) that Seller may sustain arising out of any breach of or inaccuracy in Buyer's representations and warranties.

14. Inspection and Access to Site, Feasibility Studies, Due Diligence. Buyer and Buyer's employees and agents shall have the right to enter into and upon the Property for the purpose of inspecting the Property, subject to Seller's approval as to date and time of entry. In addition, Buyer shall conduct such feasibility studies and obtain such approvals from outside agencies as are deemed necessary by Buyer as prerequisites for the acquisition of the site for use for agricultural purposes. Such feasibility studies shall include but not be limited to a Phase 1 analysis of the Property, and analysis of the geological hazards associated with the Property.

Buyer shall indemnify,. defend and hold harmless Seller from any claims, costs,.liabilities, liens or damages that may arise from the entry onto the Property by Buyer, or its officers, agents, employees or contractors.

In the event that Buyer disapproves in writing to Seller of the condition of the Property within sixty (60) days of the Effective Date, this Agreement shall automatically terminate, in which case, except as otherwise provided in this Agreement, the parties shall have no further obligations hereunder and all monies delivered by Buyer shall be immediately returned to Buyer.

To the extent not prohibited from doing so by the party preparing such tests, studies or inspections, expressly excluding, however, Buyer's appraisals and proprietary materials, Buyer 9 Original 1 of 2
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shall deliver to Seller copies of all tests, studies and inspections it caused to be prepared pursuant to this section, in the event that this Agreement is terminated. Buyer agrees that it will not prior to the Close of Escrow, disclose the contents of any environmental tests performed on the Property to any third party, excepting Seller, and Buyer's legal counsel, unless otherwise required pursuant to applicable laws, statutes and ordinances or in any action by or involving Buyer and its environmental inspection company preparing such report.

15. Natural . Hazard Disclosure. Buyer and Seller acknowledge that Seller may be required to disclose if the Property lies within the following natural hazard areas or zones: (i) a special flood hazard area designated by the Federal Emergency Management Agency (California Civil Code Section 1103(c)(l)); (ii) an area of potential flooding (California Government Code Section 8589.4); (iii) a very high fire hazard severity zone (California Government Code Section 51178 et seq.); (iv) a wild land area that may contain substantial forest fire risks and hazards (Public Resources Code Section 4B5); (v) earthquake fault zone (Public Resources Code Section 2622); or (vi) a seismic hazard zone (Public Resources Code Section 2696) (sometimes all of the preceding are herein collectively called the "Natural Hazard Matters"). Within seven (7) days of the Effective Date, Seller shall engage a qualified expert (who, in such capacity, is herein called the "Natural Hazard Expert") to exariiliie the maps and other information specifically made available to the public by government agencies for the purposes of enabling Seller to fulfill its disclosure obligations, if and to the extent such obligations exist, with respect to the natural hazards referred to in California Civil Code Section 1103 and to report the result of its examination to Buyer and Seller in writing. The written report prepared by the Natural Hazard Expert regarding the results of its full examination will fully and completely discharge Seller from its disclosure obligations referred to herein, if and to the extent any such obligations exist, and, for the purpose of this Agreement, the provisions of Civil Code Section 1103 .4 regarding non-liability of Seller for errors or omissions not within its personal knowledge shall be deemed to apply and the Natural Hazard Expert shall be deemed to be an expert, dealing with matters within the scope of its expertise with respect to the examination and written report regarding the natural hazards referred to above. Buyer agrees to provide Seller with a written acknowledgment of its receipt of the report.

16. Seller's Conditions to Close. Seller's obligation to sell the Property and Buyer's obligation to purchase the Property pursuant to this Agreement are conditioned on:
a. Delivery into Escrow. Seller's obligation to perform Seller's obligations under this Agreement is subject to Seller and Buyer having delivered into escrow all items required by paragraph 20 of this Agreement and having complied with all other material covenants and conditions of this Agreement to be performed or complied with.

17. Buyer's Conditions to Close. Buyer's obligation to purchase the Property and Seller's obligation to sell the Property pursuant to this Agreement are conditioned on:
a. Title. The conveyance to Buyer of good and marketable title to the Property, in a form acceptable· to Buyer, as evidenced by a standard form CL TA Title Insurance Policy in the full amount of the Purchase Price, issued by TransCounty Title Company, subject only to (i) the standard, preprinted exceptions to Buyer's Title Policy; (ii) liens to secure payment of real estate taxes or assessments not yet delinquent; (iii) such liens, encumbrances, or conditions as have not Original 1 of 2
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been disapproved pursuant to this Agreement. In the event that Seller cannot, after exercising reasonable efforts, remove the Disapproved Exceptions by the Close of Escrow, or any additional exceptions identified by Buyer as unacceptable as shown on any update to the Preliminary Report prepared at Buyer's request, Buyer may, in its sole discretion and as its sole remedy, terminate this Agreement. Buyer shall have the right, at its sole cost and expense, to obtain coverage beyond that offered by a CLTA policy; provided, however, that Buyer's ability to obtain such extended coverage shall not be a condition to Buyer's obligations hereunder.

Buyer shall have sole responsibility for obtaining, and bearing the cost of, any endorsements and for any survey or other matters required by the Title Company for such extended coverage. b. Closing Warranties. Buyer's obligation to perform this Agreement is subject to the representations and warranties of Seller contained in this Agreement being true on and as of the Close of Escrow as if the same were made on and as of such date. c. Delivery into Escrow. Buyer's obligation to perform its obligations under this Agreement is subject to Seller and Buyer having delivered into escrow all items required by paragraph 20 of this Agreement and having complied with all other material covenants and conditions of this Agreement to be performed or complied with.

18. Pre-Closing Obligations.

None.

19. Escrow Cancellation: Default; Liquidated Damages. If either party defaults with respect to its obligations hereunder, or if Escrow is not in a condition to close by the agreed Closing date, Escrow Holder shall continue to comply with the instructions contained herein until a written demand has been made by a party entitled to do so for the cancellation of Escrow.

Escrow Holder shall notify the other party of any such demand. a. Fees. If the Close of Escrow fails to occur due to Sellers' default, Sellers shall pay all Escrow cancellation charges. If the Close of Escrow fails to occur due to Buyer's default, Buyer shall pay all Escrow cancellation charges. Except as otherwise set forth in this Agreement, if the Close of Escrow fails to occur for any reason other than ·the foregoing, Buyer and Seller shall each pay one-half (1/2) of any Escrow cancellation charges, and each party shall release the other party from all liability hereunder for the failure of the Close of Escrow to occur, and Buyer shall be entitled to the immediate refund of the Deposits and any other funds deposited . by Buyer into Escrow including all interest earned thereon. "Escrow cancellation charges" means all fees, charges and expenses charged by Escrow Holder as well as all charges related to the services of the Title Company in connection with title matters relating to this Escrow.
b. Seller's Default. In the event Seller shall default under any of the terms and provisions of this Agreement prior to the Closing, Buyer shall have the right, but not the obligation, in lieu of any other rights or remedies which it may have at law or in equity, to (i) terminate Buyer's obligations under this Agreement and the Escrow created hereby, in which event Buyer shall be entitled to the immediate refund of the Deposit and any other funds deposited by Buyer into Escrow or released to Seller, including all interest earned thereon and 11 Original 1 of 2
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receive the Liquidated Damages from Sellers; or (ii) seek specific performance of this Agreement.
c. Buyer's Default. BUYER AND SELLERS AGREE THAT IF THE

CLOSE OF ESCROW FAILS TO OCCUR DUE TO THE DEFAULT OF BUYER, IT

WOULD BE IMPRACTICAL OR EXTREMELY DIFFICULT TO FIX SELLERS'

ACTUAL DAMAGES FOR, AMONG OTHER ITEMS, TAKING OR HAVING THE

PROPERTY OFF THE MARKET, AND BUYER AND SELLERS AGREE THAT THE

DEPOSITS ARE A REASONABLE ESTIMATE OF SELLERS' DAMAGES IF THE CLOSE OF ESCROW FAILS TO OCCUR DUE TO BUYER'S DEFAULT. IN

ADDITION, BUYER DESIRES TO LIMIT THE AMOUNT OF DAMAGES FOR WIIlCH IJUYER l\flGHT BE LIABLE SHOULD BUYER B:R.EACH TIDS

AGREEMENT, AND SELLERS DESIRE TO AVOID THE COSTS AND LENGTHY

DELAYS THAT WOULD RESULT IF SELLERS WERE REQUIRED TO FILE A LAWSUIT TO COLLECT ITS DAMAGES FOR A BREACH OF TIDS AGREEMENT.

THEREFORE, IF THE CLOSE OF ESCROW FAILS TO OCCUR DUE TO THE

DEFAULT OF BUYER, THEN UPON THE WRITTEN DEMAND OF SELLERS, THIS AGREEMENT AND THE ESCROW SHALL BE TERMINATED AND CANCELLED. IN

SUCH EVENT, (A) ESCROW HOLDER SHALL RETURN ALL DOCUMENTS AND

INSTRUMENTS TO THE PARTIES WHO DEPOSITED SAME, (B) ALL TITLE AND

ESCROW CANCELLATION CHARGES SHALL BE CHARGED TO BUYER AND (C)

SELLERS MAY RETAIN BUYER'S DEPOSIT AS LIQUIDATED DAMAGES PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671 AND 1677 FOR BUYER'S FAILURE TO COMPLETE THE PURCHASE OF THE PROPERTY.

SELLERS' SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF BUYER'S

DEFAULT SHALL BE LIMITED TO THE DEPOSIT AND SELLERS HEREBY WAIVE

ALL OTHER CLAIMS FOR DAMAGES OR RELIEF AT LAW OR IN EQUITY (INCLUDING, WITHOUT · . LIMITATION, ANY RIGHTS TO SPECIFIC

PERFORMANCE THAT SELLERS MAY HA VE PURSUANT TO CALIFORNIA CIVIL CODE SEC NS 1680 OR 3389, OR OTHERWIS .

20. Items to be Delivered at Close of Escrow.
a. Seller shall execute·in escrow or deliver to the Escrow Holder for delivery to ·Buyer at Close of Escrow:
i. Seller's share of Escrow Holder's costs and expenses, as herein provided; ii. The Grant Deed for the Property, in the Escrow Holder's standard form and acceptable to the Buyer, executed and notarized by the Seller; iii. Any document(s) necessary to remove any of the Disapproved Exceptions as identified in paragraph 6.
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b. Buyer shall execute in escrow or deliver to the Escrow Holder the following:
i. Buyer's share of Escrow Holder's costs and expenses, as herein provided; ii. The balance of the purchase price in cash in the amount of One Hundred Sixty Eight Thousand Dollars ($168,000.00).
c. At the Close of Escrow, Escrow Holder.shall:
i. Record :the Grant Deed in the OfficialRecords·ofthe County of Merced; ii. Cause the final policy of title insurance to be issued; 111. Deliver the purchase price in the amount of One Hundred Seventy Thousand Five Hundred Dollars ($170,500.00) to Seller by check payable as instructed in writing by Seller.

21. Regulatory Compliance. The Foreign Investment in Real Property Tax Act ("FIRPTA"), Internal Revenue Code section 1445, requires that every buyer of U.S. real property must, unless an exemption applies, deduct and withhold from seller's proceeds ten percent (10%) of the gross sales price. The primary exemptions that might be applicable are:
a. Seller provides Buyer with an affidavit under penalty of perjury, that Seller is not "foreign," as defined in FIRPTA ("FIRPTA Affidavit"); or b. Seller provides Buyer with a "qualifying statement," as defined in FIRPTA, issued by the Internal Revenue Service.

Seller and Buyer agree to execute and deliver, as appropriate, any instruments, affidavit or statement and to perform any acts reasonably necessary to carry out the provisions of FIRPTA and regulations promulgated thereunder.

22. Best Efforts. Buyer and Seller shall act in good faith and use their best efforts after the date hereof to ensure that their respective · obligations hereunder are fully and punctually performed. Buyer and Seller shall perform any further acts and execute and deliver any other documents or instruments that may be reasonably necessary to carry out the provisions of this Agreement.

23. Notices. All notices and demands of any kind that either party may be required or desires to serve upon the other party shall be in writing and shall be served upon such other party by personal service or by mailing a copy thereof, certified or registered mail, postage prepaid, addressed as follows:
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Ifto Buyer:

City of Los Banos
Attention: Stacy Souza Elms,
Community and Economic Development Director
520 J Street
Los Banos, CA 93635
If to Seller:

Thomas J. Balatti, Trustee
629 Madison A venue
Los Banos, CA 93635
Service shall be deemed complete on the date of actual delivery as shown on the addressee's return receipt. The addresses to which notices and demands shall be delivered or sent may be changed from time to time by notice to the other party.

24. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns.

25. Time is of the Essence; Computation of Time. Time is of the essence in this Agreement and in the escrow provided for herein. In the computation of any period of time provided for in this Agreement or by law; the day of the act or event from which said period of time runs shall be · excluded, and the last · day of such period shall . be included, unless it is a Saturday, Sunday, or legal holiday, in which case the period shall be deemed to run until 5:00 p.m. of the next day that is not a Saturday, Sunday, or legal holiday. Except as otherwise expressly provided herein, all time periods expiring on a specified date or period herein shall be deemed to expire at 5:00 p.m. on such specified date or period.

26. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect.

27. Entire Agreement. This Agreement constitutes the sole and only agreement between Buyer and Seller concerning the Property and their rights and duties in connection with the Property. Any prior or other agreements or representations between Buyer and Seller regarding those matters are null and void unless expressly set forth in this Agreement.

28. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California.

29. Duplicate Originals. This Agreement has been executed in two (2) duplicate originals, each Party has received one (1) duplicate original, and all originals shall be equally valid.
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30. Damage Prior to Closing. Seller shall promptly notify Buyer of any casualty to the Property prior to the Close of Escrow. If any such damage relates to or may result in the loss of any portion of the Property, Buyer may elect either to (i) terminate this Agreement, in which event all funds deposited into escrow by Buyer or which have been released from escrow shall be returned to Buyer and neither party shall have any further rights or obligations hereunder, or (ii) continue the Agreement in effect, in. which event, upon the Close of Escrow, Buyer shall be entitled to any compensation or other payments or relief resulting from such casualty.

SIGNATURE PAGE BEGINS ON NEXT PAGE
15 Original 1 of 2
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IN WITNESS WHEREOF, this Agreement was executed by the parties thereto in duplicate originals on the dates set forth below.

Dated: I 1.J "lt> Jun. I
Attest:
~ 1. *"ll-a•----
Lucy Mallonee
CityClerk
Approved as to form:

City Attorney
Dated: /')../;7 /21
Dated: I),/ f& I
Original 1 of 2
By: - --!-.fl-l-____.g.,,:=~..:...JL. _____ _
Name: J
Title: Ci ager
SELLER:

B y: ~-
~ ~ - > "-~\>--(', =-.;,
......_,::.:,~ - \. ~ -t \ "
Sybil Ann Balatti, As Trustee Of The Guido And
Sybil Balatti 1990 Trust B, Established August 16,
1990·
By: ·f/u;Vk_~ ~ ·
Thomas J. Balatti, Sp ~ e Of The Separate
Property Of Thomas J. Balatti Under The Balatti
Family 2005 Revocable Trust Dated May 16, 2005
By:~b~~'~
Douglas Alanal'tt~ st~~ as Alan
Balatti Revocable Trust Dated March 14, 2009
16 368
EXIIlBITA
[Subject Property]
Legal Description
The Land referred to this Guarantee is situated in the County of Merced, State of California, and is described as follows:

That portion of Lot 10, according to the map entitled, "Miller & Lux's Subdivision of Lands at Los Banos", recorded November 28,1890, in Book 2 of Maps at Page 18, Merced County Records, within Section 14, Township 10 South, Range 10 East, M.D.M ., City of Los Banos, County of Merced, State of California, described as follows:

Beginning at the point of intersection of the North right-of-way line of State Highway 152 (Pacheco Boulevard) 80.00 feet wide and the Easterly right-of-way line of Sixth Street, 80.00 feet wide; Thence, North 29 deg. 59' 09" West along said Easterly line, a distance of 30.82feet; Thence, North 28 deg. 39' East continuing along said Easterly line, a distance of 109.79 feet; Thence, South 61 deg. 21' East leaving said Easterly line perpendicular to last said line, a distance of 108.07 feet; Thence, South 00 deg. 51' East, a distance of 69 .26 feet to the Northerly right-of-way line of said State Highway 152; Thence South 89 deg. 09' West along said Northerly line, a distance of 133.12 feet to the point of beginning by Certificate of Compliance recorded December 2, 1996 in Book 3538, Page 999 as Series No. 41401, Official Records of Merced County.

Assessor's Parcel No.: 026-121-006
17 Original 1 of 2
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LOsBanos

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: May 13, 2022
Regarding: Notice of Public Hearing
Proposal: Mobile Food Vendor Permit #2022-02 - Juan Carlos Gutierrez Alcaraz ( dba El Grullense Jal #8 J&A)
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a revision to Mobile Food Vendor Permit #2022-02 to allow the operation of a mobile food vending vehicle on private property for Juan Carlos Gutierrez Alcaraz dba El Grullense Jal #8 J&A The subject property is located within the Highway Commercial Zoning District at 1955 E. Pacheco Blvd., more specifically identified as Assessor's Parcel Number: 083-140-024.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, May 25, 2022 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.

F LOS BANOS
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Los Banos City CouncilMay 18, 2022

Los Banos City Council
May 18, 2022