AGENDA JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING CITY HALL COUNCIL CHAMBERS 520 J Street Los Banos, California

Transcription

1 ... AGENDA JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING CITY HALL COUNCIL CHAMBERS 520 J Street Los Banos, California OCTOBER 5, 2011 If you require special assistance to attend or participate in this meeting, please call the City Clerk's (209) at least 48 hours prior to the meeting. The City of Los Banos complies with the Americans with Disabilities Act (ADA) of * * * * * 'If * * * * * Si requiere asistencia especial para atender 0 participar en esta junta por favor liame a la oficina de la Secretaria de la ciudad al (209) a 10 menos de 48 horas pre vias de la junta. La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabi/idad (ADA) de Any writings or documents provided to a majority of the City Council/Redevelopment Agency 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 * * * * * 'If * ** * * * * * * * Cualquier escritura 0 los documentos proporcionaron a una mayorfa del Ayuntamiento / Agencia de Reurbanizacioncon respecto a cualquier artfculo en este orden del dfa sera hecho disponible para la inspeccion publica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en 1. CALL TO ORDER. 7:00 PM 2. PLEDGE OF ALLEGIANCE. 3. ROLL CALL: Faria _, Silveira_, Sousa _, Stone _, Villalta _ 4. CONSIDERATION OF APPROVAL OF AGENDA. Los Banos City Council / Redevelopment Agency Agenda - October 5, 2011 Page 10f3

2 5. PRESENTATIONS A. Proclamation Recognizing the Community Crime Stoppers Program B. Proclamation Recognizing the September 11, 2011 Tribute C. Presentation Regarding Impacts of Assembly Bill 109 (AB109) - Public Safety Realignment Act 6. PUBLIC FORUM. (Members of the public may address the City Council / Redevelopment Agency Members on any item of public interest that is within the jurisdiction of the City Council/Redevelopment Agency; includes agenda and nonagenda 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/Redevelopment Agency Member.) A. Check Register for # # in the Amount of $1,188, Recommendation: Approve the check register as submitted. B. Minutes for the September 21, 2011 City Council/Redevelopment Agency Meeting. Recommendation: Approve the minutes as submitted. C. Waiver of Administrative Permit Fee for Evangelical Free Church. Recommendation: license. Waive the business license fee and direct staff to issue the business 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 or Redevelopment Agency at, or prior to, the public hearing.) A. Public Hearing - To Receive Public Comment and Consideration of Adoption of the Disadvantaged Business Enterprise (DBE) Program Update. 1) City Council Resolution No Adopting the Disadvantaged Business Enterprise (DBE) Program Update for the City of Los Banos in Accordance with the Requirements of the Code of Federal Regulations. Recommendation: Receive staff report, open public hearing, close the public hearing, and adopt the resolution as submitted. Los Banos City Council / Redevelopment Agency Agenda - October 5, 2011 Page 2 of3

3 9. CONSIDERATION OF THE INTRODUCTION OF ORDINANCE NO AMENDING TITLE, 3, CHAPTER 8 OF THE LOS BANOS MUNICIPAL CODE REGULATING COMMERCIAL AND NON COMMERCIAL SOLICITATION WITHIN THE CITY. (FIRST READING & INTRODUCTION) Recommendation: Receive staff report, waive the first reading, and introduce the ordinance as submitted. 10. PRESENTATION & REVIEW OF A DRAFT ORDINANCE - TEMPORARILY SUSPENDING THE COLLECTION OF THE REGIONAL TRANSPORTATION IMPACT FEE (RTIF) ESTABLISHED BY ORDINANCE NO AS AMENDED AND CODIFIED IN TITLE 3, CHAPTER 18 OF THE LOS BANOS MUNICIPAL CODE. Recommendation: Receive staff report and direction from the City Council on how to proceed. 11. REDEVELOPMENT AGENCY UPDATE. 12. ADVISEMENT OF PUBLIC NOTICES. (Two Reports) 13. CITY MANAGER / EXECUTIVE DIRECTOR REPORT. 14. CITY COUNCIL / REDEVELOPMENT AGENCY MEMBER REPORTS. A. Tom Faria B. Scott Silveira C. Joe Sousa D. Elizabeth Stone E. Mayor Mike Villalta 15. CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, PURSUANT TO SUBDIVISION (A) OF SECTION OF THE GOVERNMENT CODE. NAME OF CASE: EUGENE FORTE VS. COUNTY OF MERCED, ET AL, UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA, CASE NO. 1:11-CV AW1-SKO. 16. ADJOURNMENT. I hereby certify under penalty of perjury under the jaws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. 'i,c.:(ju f. ~ Lucille L. Mallonee. City Clerk Dated this 29 th day of Seotember 2011 Los Banos City-Council / Redevelopment Agency Agenda - October 5, 2011 Page 3 0'3

4 Agenda Staff Report TO: FROM: Mayor and City Council Members Gary Brizzee, Chief of Police DATE: October 5, 2011 SUBJECT: Presentation Regarding Impacts of Assembly Bill 109 (AB 109), the Public Safety Realignment Act. TYPE OF REPORT: Informational Item Recommendation: Informational item only. Discussion: California's AB 109, signed into law in April 2011, transfers responsibility for supervising specified lower level inmates and parolees from the California Department of Corrections and Rehabilitation (State Prisons) to the Counties. AB 109 represents a significant change in California's criminal justice system and as such it has produced a wide range of media coverage. The impact of AB 109 varies by County; in Merced County the impact will generally consist of a change in sentencing of individuals convicted of a crime when AB 109 takes effect on October 1, AB 109 will also shift who supervises a majority of inmates upon their release from incarceration, from State Parole to County Probation, causing the largest changes to Merced County's Probation and Sheriff's Departments. The heads of Merced County's law enforcement agencies have met regarding the impacts of AB 109; we are dedicated to the safety of the citizens of Merced County and we are committed to adjusting to the implementation of AB 109 as a team to assure its success. A presentation will be made by Chief Probation Officer Scott Ball along with Merced. County Sheriff's Commander James Buttrey.

5 Fiscal Impact: None Reviewed by: Steve ath, City Manager

6 CK # # Bank Reconciliation Checks By Date :30 AM User: jdemelo Cleared and Not Cleared Checks Check No Check Date Name Comment ModuleVoid Clear Date Amount /2011 Alhambra /2011 Abbott & Kindermann, LLP /2011 AECOM Water ( Boyle) Allied Waste Services # /16/2011 All American Plumbing /16/2011 Ameripride Valley Uniform Serv / Anderson Pump Company Inc /2011 Anthony Gomes Electric Service /16/2011 Aramark Uniform Ser Inc /16/2011 AT&T /16/2011 Baker Supplies & Repair /16/2011 Jacob Bento Board of Equalization Brinks Inc /2011 Bruce's Tire Inc /2011 BSK /2011 Ca Dept of Justice / CRWA /16/2011 CRWA /16/2011 Cen Cal Machinery Co Inc Patty D'Ambrosio / Jelene de Melo - Petty Cash Electrical Distributors Co /2011 Employment Developmt Dept /16/2011 Fastenal Company /16/2011 Ferguson Enterprises Inc /16/2011 Ferrellgas, Inc Paula Fitzgerald /2011 Habitat for Humanity Westside /2011 Helena Chemical Co Inc / Heppner Precision Machine Holt Bros / Innovative Playgrounds Co., LL /2011 JP's Services /16/2011 Los Banos Express Oil & Lube /2011 Los Banos Enterprise /2011 Lowe's Lowe's /16/2011 Lowe's Business Account /2011 Marfab Inc Merced County Association of G /2011 Merced County Regional Waste M /16/2011 Merced County Regional Waste M /16/2011 Merced Sun Star /16/2011 Napa Auto Parts /16/2011 The Office City /2011 OSE /2011 OnTrac /2011 P G & E Company P G & E Company AP AP 5, AP AP 234, AP AP AP 15, AP AP AP 1, AP AP AP 1, AP AP AP AP 1, AP AP AP AP AP AP AP 16, AP AP AP AP AP 28, AP AP 3.86 AP 1, AP AP AP AP AP AP AP AP AP 10, AP 62, AP 2, AP AP AP 2, AP AP 3.36 AP 134, AP BR - Checks by Date (09126/2011-8:30 AM) Page

7 Check No Check Date Name Comment ModuleVoid Clear Date Amount /16/2011 The Paper AP /16/2011 Precision Inspection Co., Inc. AP JeremyRahn AP /16/2011 Safe TLite AP 1, /16/2011 Save Mart Supermarkets AP /16/2011 Sherwin Williams Co AP Sierra Chemical Co AP 1, Sorensens True Value AP /2011 Spriggs Inc AP / Talley Oil Inc. AP 17, /16/2011 Thomas Ochoa AP 3, /16/2011 Techno Flo Systems AP / Tractor Supply Credit Plan AP /16/2011 United Textile AP /2011 U SBank AP 1, /16/2011 Elaine Cory AP Brian Daguerre AP /2011 Alejandra Luna Perez AP /2011 Helena Rocha AP /16/2011 Christian Mena AP / Ben & Eleanor Denice AP Hua Song AP /16/2011 Jaime Meza-Arredondo AP /16/2011 Windecker Inc AP 30, /20/2011 Aflac-Customer Service AP /2011 Aflac-Customer Service AP /20/2011 Aflac-Customer Service AP /20/2011 Aflac-Customer Service AP /20/2011 Bank of America AP 88, /20/2011 Bank of America AP 3, /2011 Bank of America AP 12, /2011 Bank of America AP /20/2011 Bank of America AP / Franchise Tax Board AP /2011 Hartford Life Ins Co AP 5, /20/2011 Hartford Life Ins Co AP Hartford Life Ins Co AP /20/2011 Hartford Life Ins Co AP /20/2011 Hartford Life Ins Co AP /20/2011 Hartford Life Ins Co AP /2011 Hartford Life Ins Co AP Hartford Life Ins Co AP /20/2011 Hartford Life Ins Co AP /20/2011 Hartford Life Ins Co AP /20/2011 Hartford Life Ins Co AP /2011 Hartford Life Ins Co AP / Hartford Life Ins Co AP /20/2011 Hartford Life Ins Co AP / ICMA-RC Headquarters AP 1, / Los Banos Fitness & AP / Los Banos Police Assn AP 2, /20/2011 Nationwide Retiremt Solut AP 1, /2011 PERS Long Term Care AP Professional Fire Fighter AP / State Disbursement Unit AP State Disbursement Unit AP /20/2011 State Disbursement Unit AP /20/2011 State Disbursement Unit AP / State Disbursement Unit AP /20/2011 State Disbursement Unit AP /2011 US Bank Corp Pymt System AP 9, /2011 Westamerica Bank - Cafeteria P AP 8, BR - Checks by Date (09/26/2011-8:30 AM) Page 2

8 Check No Check Date Name Comment Module Void Clear Date Amount /2011 A & A Portables Inc AP /22/2011 Ameripride Valley Unifonn Serv AP /22/2011 Anthony Gomes Electric Service AP /22/2011 Aramark Unifonn Ser Inc AP / AT&T AP / Bank of America AP / BJ's Consumers Choice AP / Bonander Pontiac, Inc. AP /22/2011 Stericycle Inc AP /22/2011 Bruce's Tire Inc AP /2011 Hector Castillo AP /2011 Cit Technology Fin Serv, Inc. AP 1, Central Sanitary Supply AP / CSJVRMA AP 153, / Comcast AP /22/2011 LN Curtis & Sons AP / Maria Carrillo AP / Joe & Evelyn Miranda AP /22/2011 Doug Boyer Construction AP 10, /22/2011 F S Rod Inc AP /22/2011 Hilton Farnkopf & Hobson AP / Fastenal Company AP /22/2011 Fast Track Car Wash AP /22/2011 Fresno Truck Center AP GCS Environmental Equipment Se AP 1, /2011 Gibbs International, Inc AP 3, Holt Bros AP /2011 Home Depot AP 1, /22/2011 Interstate All Battery Center AP Ikon Office Solutions, Inc. AP / JP's Services AP / Los Banos Express Oil & Lube AP /22/2011 Marfab Inc AP /22/2011 McNamara Sports Inc AP Merced County Environmental He AP 1, Merced Sun Star AP / Merced Unifonn & Accessories AP 2, /2011 NAACP Branch 12AA AP /2011 Napa Auto Parts AP /22/2011 National Junior Basketball Lea AP Nextel AP /22/2011 North Central Laboratories AP /22/2011 The Office City AP /22/2011 OSE AP / OnTrac AP /22/2011 P G & E Company AP / Pitney Bowes Inc AP /22/2011 Precision Inspection Co., Inc. AP 6, /22/2011 Pro Clean Supply AP JeremyRahn AP 1, Razzari AP /22/2011 Jerry Richard AP /22/2011 Santos Ford Lincoln Mercury, I AP /2011 Save Mart Supennarkets AP /22/2011 Sharpening Shop AP /2011 Snap On Tools AP /22/2011 Sorensens True Value AP /22/2011 Spriggs Inc AP State Water Resources AP 1,54D /22/2011 Techno Flo Systems AP /2011 Tenninix Processing Center AP /2011 Thompson Publishing Group AP BR - Checks by Date (09126/2011-8:30 AM) Page 3

9 _... Check No Check Date Name Comment ModuleVoid Clear Date Amount /22/2011 Tree Doctor Rx Landcare 09122/2011 U.S. Bancorp Equipment Finance 09122/2011 Emily Vogel 09/22/2011 Law Offices of William A Vaugh 09/22/2011 Verizon Wireless 09122/2011 Visibility Corp 09/22/2011 Westamerica Bank - Cafeteria P 09122/2011 Westside Water Conditioning 09122/2011 Weststar Water Solutions 09122/2011 Windecker Inc 09/22/2011 Timothy C. Winek 09122/2011 Young's Air Conditioning AP AP AP AP AP AP AP AP AP AP AP AP 3, , , , Total for Valid Checks: 1,188, Total Valid Checks: Total Void Checks: 186 o Total Checks: 186 Break in Check Sequence due to the following Check # , , (payroll checks) Check # , (unused checks) BR - Checks by Date (09126/2011-8:30 AM) Page 4

10 CITY OF LOS BANOS CITY COUNCIL I REDEVELOPMENT AGENCY MEETING MINUTES SEPTEMBER 21, 2011 ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For greater detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record. CALL TO ORDER: Mayor Villalta called the City Council/Redevelopment Agency Meeting to order at the hour of 7:01 p.m. PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance. ROLL CALL - MEMBERS OF THE CITY COUNCIL I REDEVELOPMENT AGENCY PRESENT: Council Members Tom Faria, Scott Silveira, Joe Sousa, Elizabeth Stone, Mayor Michael Villa Ita; Absent: None. STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, City Treasurer/Accountant II Brazil, City Manager Rath, Police Chief Brizzee, Fire Chief Guintini, Public Works Director/City Engineer Fachin, Redevelopment Agency Director Post, Planning Director Fitzgerald, Accounting & Budget Supervisor and Information Technology Director Spalding. CONSIDERATION OF APPROVAL OF AGENDA: Motion by Stone, seconded by Faria to approve the agenda as submitted. The motion carried by the affirmative action of all City Council/ Redevelopment Agency Members present. PRESENTATION - PROCLAMATION RECOGNIZING CONSTITUTION WEEK. Mayor Villalta presented the proclamation to the representatives present from the Merced River Chapter of the National Society of the Daughters of the American Revolution. PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL I REDEVELOPMENT AGENCY MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Villalta opened the public forum. NIKKI TUFT, Allied Waste Services, reminded all about the Annual Fall Cleanup being held on October 1, 2011 at the fairgrounds and Ranchwood Park from 7:00 a.m. to 2:00 p.m. along with the community reuse event at the fairgrounds location; ERNIE ROQUE, Los Banos Knights of Columbus, spoke regarding the Soccer Challenge which will be sponsored by the Knights of Columbus for the first time in Los Banos on October 1, 2011 from 10:00 a.m. to 12:00 p.m.; LES PALOCSAY, Los Banos, spoke of having performed an

11 investigation regarding the $12,000 that was given to Merced County Association of Governments (MCAG) for the 10 year plan to end homelessness project and requested to speak on item 8 - Regional Transportation Impact Fee (RTIF) Update; KATHY BALLARD, Los Banos, requested to speak on item 8 - Regional Transportation Impact Fee (RTIF) Update; GENEVA BRETT, Los Banos, spoke regarding the upcoming Tomato Festival on October 8-9, 2011 at the fairgrounds, the second annual Readers Choice Awards dinner and dance on October 20, 2011, and a disaster drill and emergency preparedness program being conducted by the Merced County Medical Reserve Corps on November 17, 2011; JOHN SPEVAK, Los Banos, invited all to the Friends of the Los Banos Library event to learn about origami on Saturday, October 1, 2011, spoke regarding the National Friends of Libraries Week during the week of October 17, 2011, a take over event at Chili's on October 17, 2011 in which a portion of the proceeds will go to the Friends of the Library, an event at the library on October 19, 2011 in which free desserts will be given to patrons and members of the Friends of the Library, spoke in support of trees, thanked the City Council and the City Manager for their efforts in having O'Reilly's plant trees in place of the ones that were removed on their property, and suggested that the ordinance be changed so as not to allow something of this nature to happen again. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Silveira requested that item 7C - City Council Resolution No Approving the Expansion of the Merced County Regional Enterprise Zone Boundaries be removed from the agenda for discussion and separate consideration. Motion by Stone, seconded by Faria to approve the consent agenda as follows: Check Register for # # in the Amount of $986,668.71; Minutes for the September 7,2011 City Council! Redevelopment Agency Meeting; City Council Resolution No Approving the Expansion of the Merced County Regional Enterprise Zone Boundaries. The motion carried by the affirmative action of all City Council! Redevelopment Agency Members present. CITY COUNCIL RESOLUTION NO APPROVING THE EXPANSION OF THE MERCED COUNTY REGIONAL ENTERPRISE ZONE BOUNDARIES. Redevelopment Agency Director Post presented the staff report. Motion by Silveira, seconded by Faria to adopt City Council Resolution No Approving the Expansion of the Merced County Regional Enterprise Zone Boundaries. The motion carried by the affirmative action of all City Council! Redevelopment Agency Members present. REGIONAL TRANSPORTATION IMPACT FEE (RTIF) UPDATE. Public Works Director!City Engineer Fachin presented the staff report. Mayor Villalta invited the public to come forward and speak regarding this item. LES PALOCSAY, Los Banos, spoke of a grant request to the State of California Department of Transportation for a Tiger Grant for studies and work on the bypass, there being a

12 better approach to success on this project, and how the RTIF money can be reallocated; KATHY BALLARD, Los Banos, spoke in opposition of the RTIF and the importance of the private sector; NORM DONOVAN, spoke in support of the RTIF. Council Member Silveira spoke of how he is not in favor of getting rid of fees, being in favor of adjusting fees, and funds that were created for the City through the RTIF for fiscal year Council Member Stone asked Jess Brown, MCAG, to come to the podium and speak to where we are at on the land acquisition for the bypass, in which Mr. Brown provided an update on the project, spoke of a project team meeting with CalTrans on the Bypass Project, and the environmental documents that have been completed. Council Member Sousa asked Mr. Brown about formal action that was taken several months ago at a MCAG Governing Board meeting in which it was the direction of this Council to put into place the acquisition of the right-of-way and the consequences of undoing the RTIF in regard to this acquisition. Mr. Brown spoke of the Los Banos Bypass Project having been a top priority for MCAG since 1991, money spent so far, and there being a commitment. Council Member Sousa spoke of his passion for the Los Banos Bypass Project, misinformation and untruths being said about why or why not business are coming to Los Banos, Los Banos having one of the lowest income levels in the state, and his fears about the consequences of undoing the work that has been done so far. Mayor Villa Ita spoke of how he does not like threats, how MCAG allocated money to purchase bypass land with no time limit on the expenditure, how that money was redesignated to the Atwater/Merced Expressway project, what other cities have paid, his feelings that the Los Banos Bypass is not a priority for MCAG, his feelings that it would be insane to keep paying the fee, how the current program to attract news businesses is not working, and the need to try something different. Council Member Stone spoke of how the Council was upset when the money that was designated for the Los Banos Bypass project was redirected to the Atwater/Merced Expressway project, being at a point in time in which the City has never been so close to acquiring bypass land, how it would be unfair for citizens to have to pay for the impact that is created by business, and how new development should pay for itself. Council Member Silveira spoke of how he is not ready to get rid of fees and supports trying something different because what we are doing right now isn't working. Council Member Faria spoke of having experience with bypasses, how he grew up in Tracy and saw bypasses built there, those bypasses being necessary for the economic growth at the time, how the state and federal governments will decide when a bypass can be built, and suggested a suspension as opposed to a moratorium on the RTIF.

13 City Manager Rath spoke of not wanting Council to be disappointed if the RTIF goes away businesses don't come, we all want to attract business to town, the tremendous number of vacant commercial and industrial buildings that are already available with no fees incurred, sliding backwards in commercial property tax, his concern that property tax will be cut when the tax collector comes calling in January, having done a number of local business loans to assist them, this being an economic issue, and the need for livable wages in this community. Councif Member Sousa spoke of there being a willful ignorance for what MCAG does for our community and how the public will pay for improvements if the RTIF is removed. There was council member and staff discussion regarding traffic impact fees and the RTIF, the importance of bringing businesses to town, fees being tied to capital improvement projects, and how if the business goes bankrupt then someone will still have to pay for it. Council Member Faria spoke of a plan he proposed a year and a half ago for a five year progressive payment plan with forgiveness for a business that doesn't make it. Motion by Villalta, seconded by Faria to direct staff bring back problem solving for a one year suspension on the collection of the RTIF within the timelines of research. The motion carried by the following roll call vote: AYES: Faria, Silveira, Villalta; NOES: Sousa, Stone; ABSENT: None. City Attorney Vaughn spoke of how the item would need to come back to Council, the staff work entailed, different things that will need to be evaluated, and there being refund procedures in regards to impact fees set forth in the government code. CONSIDERATION OF CITY COUNCIL MEMBER APPOINTMENT TO THE IMPLEMENTATION TEAM FOR THE 10-YEAR PLAN TO END HOMELESSNESS. Council Member Stone spoke of her willingness to serve on the implementation team, the importance of the City's relationship with Merced County Association of Governments (MCAG) and her hope to address some of these problems in the community. Motion by Villalta, seconded by Faria to Appoint Council Member Stone to the Implementation Team for the 10-Year Plan to End Homelessness. The motion carried by the affirmative action of all City Council/Redevelopment Agency Members present. Mayor Villalta called for a five minute recess. INFORMATION TECHNOLOGY DEPARTMENT UPDATE. Information Technology (IT) Director Spalding presented an update on the IT Department, which included a PowerPoint presentation. Mayor Villalta thanked IT Director Spalding and his team for their hard work.

14 City Manager Rath thanked IT Director Spalding, IT Technician Garcia, and IT Technician Parsad for their expertise. Council Member Silveira thanked the IT Department and spoke of how it made him feel good to know that the City of Los Banos IT Department was able to support the press conference that was put on by Attorney General Kamala Harris that took place earlier this year in June. Mayor Villalta invited Merced County Supervisor Jerry O'Banion to come forward to speak in which Supervisor O'Banion spoke of the City of Los Banos having one of the best IT Departments in the County, how the Mayor of Dos Palos will be present at the next Council meeting, congratulated the Los Banos High School Tigers on the great junior varsity and varsity football games last week, and how he will be making arrangements with the Mayor for dinner regarding the Dos Palos High School Broncos loss to the Los Banos High School Tigers. Informational item only, no action taken. REDEVELOPMENT AGENCY UPDATE. No report. ADVISEMENT OF PUBLIC NOTICES (One Report). Planning Director Fitzgerald stated that a public hearing will be held by the Los Banos Planning Commission on Wednesday, September 28, 2011 at 7:00 p.m. to consider a recommendation to the City Council to make minor revisions to the comprehensive Zoning Ordinance amending Title 9, Chapter 3 of the Los Banos Municipal Code. CITY MANAGER I EXECUTIVE DIRECTOR REPORT. No report. CITY COUNCIL I REDEVELOPMENT AGENCY MEMBER REPORTS. ELIZABETH STONE: Congratulated the Los Banos High School Tigers on their victory over the Dos Palos High School Broncos, spoke of having attended the NAACP dinner on September 17, 2011 at the Los Banos Community Center, and reminded all about the Salute to Seniors Fair on September 30, 2011 at the community center. TOM FARIA: Asked everyone to take a moment to remember Pastor Berry who past away, spoke of the upcoming Tomato Festival October 8-9, 2011, the Knights of Columbus soccer competition on October 1, 2011, the importance of Constitution Week, suggested refining the tree ordinance so that trees are not damaged or removed, spoke of having lost his father two years ago, and thanked all for their support. SCOTT SILVEIRA: Reminded all about Tomato Festival on October 8-9, 2011, the Oktoberfest event at OLF School on September 24, 2011, and gave a report from the last 2x3 meeting with the Los Banos Unified School District (LBUSD) regarding how the progress is moving along for the Pacheco Park clean up.

15 JOE SOUSA: Congratulated Tisha Blackwood-Freitas on approval of the charter school at the last LBUSD board meeting, congratulated the Los Banos High School Tigers football teams on their victories, spoke of the passing of Pastor Berry, the RTIF discussing that took place tonight, attracting businesses, and would like to get an update on the closed session lawsuit and how much money has been spent so far. MAYOR MICHAEL VILLALTA: Reported out on the MCAG meeting that was held on September 15, 2011 that authorization was given to award bid to expand the Billy Wright Landfill, state mandatory commercial recycling meeting at the Miller and Lux on September 29, 2011 at 6:00 p.m., congratulated Council Member Stone and Planning Director Fitzgerald on joining the implementation team to end homelessness, obtaining funds for congestion mitigation and updating some of our equipment, consolidation of public safety dispatch; his sadness to see Pastor Morgan Berry pass away, thanked Ms. Palocsay for putting together the September 11 th memorial event, having attended the NAACP freedom banquet, the Tomato Festival on October 8-9, 2011, Readers Choice Awards event on October 20, 2011, OLF School Oktoberfest event, thanked staff for looking at the tree ordinance, and asked Police Chief Brizzee to speak regarding the gang presentation in which he spoke of the gang presentation taking place at the community center on September 28, 2011 at 5:30 p.m. and the crime stoppers kick off event that took place today at the Merced County courthouse building. Council Member Faria requested to issue a proclamation to recognize those who participated in putting on the September 11 th ceremony and post at City Hall. CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, PURSUANT TO SUBDIVISION CAl OF SECTION OF THE GOVERNMENT CODE. NAME OF CASE: LARRY ANDERSON, ET AL VS. CITY OF LOS BANOS, COUNTY OF MERCED SUPERIOR COURT CASE NO. CY Direction to staff only; no action taken. ADJOURNMENT. The meeting was adjourned at the hour of 10:20 p.m. APPROVED: ATTEST: Michael Villalta, Mayor Lucille L. Mallonee, City Clerk

16 LOS Banos Agenda Staff Report TO: FROM: DATE: SUBJECT: Mayor Villalta and City Council Members Paula Fitz~ AICP, Planning Director October 5, 2011 Waiver of Administrative Permit Fee for Evangelical Free Church TYPE OF REPORT: Consent Agenda Recommendation: That the City Council waives the administrative permit fee of $ for Evangelical Free Church so they may obtain a permit for a pumpkin sale fundraiser to benefit the. Church's youth group. Discussion: Evangelical Free Church has applied for an Administrative Permit with the City of Los Banos and has requested the permit fee to be waived as the applicant is nonprofit and all proceeds will benefit the Evangelical Free Church Youth Group. The fundraiser will be conducted from September 30, 2011 to November 2, 2011 in the Paradiso parking lot. Reviewed by: ~--- Steve Rath, City Manager Attach ments: Non,.Profit Status

17 -""." STATE OF CALIFORNIA FRANCHISE TAX BOARD PO BOX 1286 RANCHO CORDOVA CA In reply refer to 755:G :EMM April 19, 2005 EVANGELICAL CHURCH OF LOS BANOS 963 W PACHECO BLVD LOS BANOS CA Purpose Code Section Form of Organization Accounting Period Ending: Organization Number CHURCH 23701d Corporation December You are exempt from state franchise or income tax under the section of the Revenue ~nd Taxation Cod~ indicated above. This decision is based on information you submitted and assumes that your present operations continue unchanged or conform to those proposed in ydur application. Any change in operation, character, or purpose of the o~ganization must be reported immediately to this office so that we may determine the effect on your exempt status. Any change of name or address must also be reported. In the event of a change in relevant statutory, administrative, judicial.case law, a change in federal interpretation of federal law in cases where our opinion is. based upon such an interpretation, or a change in the material facts or circumstances relating to your appli~ation upon which this opinion is based, this opinion may no longer be applicable. It is your responsibility to be aware of these changes should they occur. This paragraph constitutes written advice, other than a chief counsel ruling, within the meaning of Revenue and Taxation Code Section 21012(a) (2). You may be required to file Form 199 (Exempt Organization Annual Information Return) on or before the 15th day of the 5th month (4 1/2 months) after the close of your accounting period. Please see annual instructions with forms for requirements.

18 STATE OF CALIFORNIA FRANCHISE TAX BOARD PO BOX 1286 RANCHO CORDOVA CA In reply refer to 755:EMM April 19, 2005 GREG PEARL 9094 W HUTCHINS DOS PALOS CA ENTITY ID Please see the enclosed copy of the letter mailed. to: EVANGELICAL CHURCH OF LOS BANOS E DIALA EXEMPT ORGANIZATIONS BUSINESS ENTITIES SECTION TELEPHONE (916) ENCLOSURE(S)

19 April 19, 2005 EVANGELICAL CHURCH OF ENTITY ID : Page 2 LOS BANOS You are not required to file state franchise or income tax returns unless you have income subject to the unrelated business income tax under Section of the Code. In this event~ you are required to file Form 109 (Exempt Organization Business Income Tax Return) by the 15th day of the 5th month (4 1/2 months) after the close of your annual accounting period. Please note that an exemption from fed~ral income or other taxes and other state taxes requires separate applications. E DIALA EXEMPT ORGANIZATIONS BUSINESS ENTITIES SECTION TELEPHONE (916) EO CC :GREG PEARL COpy

20 ia SECRETARY OF STATE I, BILL JONES, Secretary of State of the State of California, hereby certify: 1 That the attached transcript of Y page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF; I execute this certificate and affix the Great Seal of the State of California this day of MAR Secretary of State Sec/Slale Form CE-l07 (rev. 9/98)

21 ARTICLE OF INCORPORATION The name of this corporation is Evangelical Church of Los Banos. I ENDORSED - FILED in the office oltha Secretary of Stalo oltha State 01 California FEB BILL JONES. Secretary 01 State II. A. The corporation is a RELIGIOUS CORPORATION and is not organized ofthe private gain of any person. It is organized under the Nonprofit religious Corporation Law exclusively for religious purposes. B. The specific purpose of this corporation is to PROCLAIM THE GOSPEL OF JESUS CHRIST. III. The name and address in the Sate of California of this corporation's initial agent for service of process IS: Name: Greg Pearl Address: 963 W. Pacheco Blvd. City: Los Banos. State: CALIFORNIA. Zip Code: A. This corporation is organized and operated exclusively for religious purposes within the meaning of Section 501(c)(3), Internal Revenue Code. IV. B. No substantial part ofthe activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign (including the publishing or distribution of statements) on behalf of any candidate for public office. V. The property of this corporation is.irrevocably dedicated to religious purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for religious purposes and which as established its tax exempt status under Section 501(c)(3), Internal Revenue Service. IJl- Greg Pearl Typed Name ofincorporator

22 LOS Banos flt the CrossroClcls f~j Ctll~forllia Agenda Staff Report TO: FROM: DATE: Honorable Mayor & City Council Members Mark Fachin, P.E., Public Works Director/City Engineer rr; October 5, 2011 ~ ~ SUBJECT: Disadvantaged Business Enterprise Program Update TYPE OF REPORT: Public Hearing Recommendation: Conduct a Public Hearing regarding the City of Los Banos Disadvantaged Business Enterprise (DBE) Program update, and following consideration of public comment, adopt a Resolution accepting the DBE Program update and 0.662% DBE participation goal. Discussion: The proposed program update sets Los Banos' DBE participation goal for Department of Transportation (DOT) assisted contracts at 0.662%. This goal was developed by comparing the number of available DBE's in Los Banos' market area, the total number of firms available to perform the work needed for Los Banos' DOT funded projects, and the City's ability to attain its previous DBE goals. An analysis of the methodology that led to the development of this goal is attached. DOT is responsible for ensuring that local agency DBE programs are in compliance with Federal Law. The City of Los Banos DBE Program update has been reviewed and accepted by Caltrans. A Resolution by the City Council accepting the DBE Program update and participation goal is one of the steps to completing the annual process. A Public Hearing is also required to obtain public comments. The Public Hepring, was publicly noticed in the Los Banos Enterprise on September 23, 2011.

23 "... Fiscal Impact: There is no financial obligation to the City_ Reviewed by: Steve Rath, City Manager Attachments: Resolution DBE Annual Submittal Form for the City of Los Banos Caltrans DBE Acceptance Letter Base Figure Determination Chart DBELO Organization Chart Public Hearing Notice

24 ~.. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS ADOPTING THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM UPDATE FOR THE CITY OF LOS BANOS IN ACCORDANCE WITH THE REQUIREMENTS OF THE CODE OF FEDERAL REGULATIONS WHEREAS, the Department of Transportation (DOT) requires that a Disadvantaged Business Enterprise (DBE) Program update and goal be adopted annually; and WHEREAS, it is the intent of the City of Los Banos to ensure that DBE's have an equal opportunity to receive and participate in DOT assisted contracts with the City; and WHEREAS, the City of Los Banos DBE Program update has been reviewed and recommended for adoption by the California Department of Transportation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos as follows: SECTION ONE It is the intent of the City of Los Banos that for any DOT funded contracts, DBE's shall have the opportunity to participate to the maximum extent feasible in all required aspects of procurement and contracting in accordance with 49 CFR Part 26 and other applicable statutes, regulations, and executive orders. SECTION TWO A goal of 0.662% DBE participation is hereby established for the City of Los Banos on all DOT assisted contracts. The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of October 2011, 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:

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

26 LOS Banos Public Works Department DBE Annual Submittal Form for the City of Los Banos TO: CALTRANS DISTRICT 10 Sinaren Pheng, District Local Assistance Engineer The amount of the Annual Anticipated DBE Participation Level (AADPL) and methodology are presented herein, in accordance with Title 49 of the Code of Federal Regulations, Part 26, and the State of Cali fomi a, Department of Transportation Disadvantaged Business Enterprise (DBE) Program Plan. The City of Los Banos (CITY) submits our AADPL information. We have established an AADPL of.662% for the federal fiscal year , beginning on October 1,2011 and ending on September 30,2012. Methodology The methodology used to determine the appropriate AADPL conforms to Section 9.7 of the Local Assistance Procedures Manual and is included as Attachment 1. Disadvantaged Business Enterprise Liaison Officer (DBELO) The CITY's DBELO for the federal fiscal year is Gary Hutsell. Mr. Hutsell can be contacted at the City of Los Banos Public Works Department, 411 Madison Avenue, Los Banos, CA 93635, ph (209) , Prompt Pay Federal Regulation (49 CFR 26.29) requires one of three methods to be used in federal-aid contracts to ensure prompt and full payment of any retainage, kept by the prime contractor or subcontractor, to a subcontractor. (Attachment 2 is a listing of the three methods. On the attachment, CITY has designated which prompt payment provision it will use.) Submitted by: Gary Hutse 1, Asst. Public Works Director Date 411 MADISON AVENUE LOS BANOS, CA TELEPHONE (209) FAX (209)

27 Local Assistance Procedures EXHIBIT9-B Local Agency DBE Annual Submittal Form (Attachment 1) Exhibit 9-B Local Agency DBE Annual Submittal Form TO: CALTRANS DISTRICT 10 District Local Assistance Engineer The amount of the Annual Anticipated DBE Participation Level (AADPL) and methodology are presented herein, in accordance with Title 49 of the Code of Federal Regulations (CFR), Part 26, and the State of California, Department of Transportation Disadvantaged Business Enterprise (DBE) Program Plan. The City of Los Banos, Merced County, Central California submits our AADPL information. We have established an AADPL of.662 % (0% Race Neutral;.662% Race Conscious) for the Federal Fiscal Year 2011/2012, beginning on October 1 and ending on September 30. Methodology The methodology used to determine the DBE base figure for the City of Los Banos was based on respective market areas, types of work, and total dollars. The information used in the formula was extracted from the Census Bureau Data and the DBE Directory. This information was applied to a formula consisting of the number of DBEs in a work category divided into the number of all firms in the same work category multiplied by the total dollars. The City of Los Banos will have two (2) projects that relate to the DBE program for the fiscal year , a Safe Routes to School project and a CMAQ project. The data source used to derive the numerator was the Directory of Certified DBE Firms found at The data source used to derive the denominator was the u.s. Census Bureau County Business Patterns at Disadvantaged Business Enterprise Liaison Officer (DBELO) Gary Hutsell Assistant Public Works Director City of Los Banos Public Works Department 411 Madison Avenue Los Banos, CA (209) Office (208) Fax Gary.hutsell@losbanos.org Planned Race-Neutral Measures The City of Los Banos plans to meet DBE requirements by incorporating the stated goals into the published contract for the named project. A review of submitted contract proposals will be conducted by the City of Los Banos to ensure the Good Faith Efforts have been followed. ",. Page 9-36 March 4, 2009

28 Local Assistance Procedures EXHIBIT 9-B Local Agency DBE Annual Submittal Form Prompt Pay The project manager for the City of Los Banos will be the oversight authority for ensuring that all subcontractors, including DBEs will receive prompt payment. The City of Los Banos will hold retainage from the prime contractor for the appropriate length of time to ensure all subcontractors are paid in a timely manner. (Signature) Date Steve Rath, City Manager ADMINISTERING AGENCY (A orized Governing Body Representative) (209) Phone Number ignature of Caltrans District Local At sistance Engineer [DLAE] Date t 7 Distribution: (I) Original - DLAE (2) Signed copy by the DLAE - Local Agency DBE Annual Submittal Fonn (04/01/08) Page 9-36 March 4, 2009

29 Local Assistance Procedures EXHmIT9-B Local Agency DBE Annual Submittal Form (Attachment 2) Prompt Payment of Withheld Funds to Subcontractors Federal regulation (49 CFR 26.29) requires one of the following three methods be used in federal-aid contracts to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. Please check the box of the method chosen by the local agency to ensure prompt and full payment of any retainage. D Method 1: No retainage will be held by the agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section of the California Business and Professions Code.. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, andlor noncompliance by a subcontractor. This clause applies to both DBE and non-dbe subcontractors. D Method 2: No retainage will be held by the agency from progress payments due the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, andlor noncompliance by a subcontractor. This clause applies to both DBE and non-dbe subcontractors. ~ Method 3: The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance andlor noncompliance by a subcontractor. This clause applies to both DBE and non-dbe subcontractors. Page 9-37 March 4, 2009