CITY OF LOS BANOS REDEVELOPMENT AGENCY MEETING (Continued from December 18, 2002) JANUARY 2, 2003

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1 CITY OF LOS BANOS REDEVELOPMENT AGENCY MEETING (Continued from December 18, 2002) JANUARY 2, 2003 The Redevelopment Agency of the City of Los Banos met on the above given date; Chairman Amabile called the meeting to order at the hour of 7:03 p.m. PLEDGE OF ALLEGIANCE. To the flag was led by Police Commander Knapp. ROLL CALL -- MEMBERS OF THE AGENCY PRESENT: Burnett-Hampson, Hudak, Smith, McAdam and Chairman Amabile. APPROVAL OF THE AGENDA: On motion by Burnett-Hampson, seconded by Hudak and carried, the agenda was then approved by the affirmative vote of all Agency Members present. PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE AGENCY ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE AGENCY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A THREE (3) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. No one came forward to speak. APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda will be voted on in one motion unless removed from the calendar by an Agency Member.) On motion by Burnett-Hampson, seconded by McAdam, items on the consent agenda were approved by the affirmative vote of all Agency Members present. This included minutes of the December 18, 2002 meeting. AFFORDABLE HOUSING DEVELOPMENT CORPORATION PURCHASE. (Continue from December 18, 2002 Meeting). Community Development Director Miller stated that staff is recommending that no action be taken at this time and that the item be recalendered for a future meeting. He stated that staff is still working on the details of the Affordable Housing Development Corporation land purchase and also determining what the State impacts to the City s Redevelopment Agency budget are. Motion by McAdam, seconded by Smith to table the Affordable Housing Development Corporation land purchase until staff is ready to bring it back before the Agency Board. The motion carried by the affirmative vote of all Agency Members present. STAFF REPORTS: None ADJOURNMENT. There being no further business, the meeting was adjourned at the hour of 7:07 p.m.

2 ACTION MINUTES These minutes are prepared to depict action taken for agenda items presented to the Agency Members. For greater detail of this meeting refer to the video and/or audiotapes kept as a permanent record. APPROVED: MICHAEL S. AMABILE CHAIRMAN ATTEST: LUCILLE L. MALLONEE SECRETARY

3 CITY OF LOS BANOS CITY COUNCIL MEETING JANUARY 2, 2003 The City Council of the City of Los Banos met on the above given date; Mayor Amabile called the meeting to order at the hour of 7:08 p.m. ROLL CALL MEMBERS OF THE CITY COUNCIL PRESENT: Burnett-Hampson, Hudak, McAdam, Smith and Mayor Amabile. APPROVAL OF AGENDA: City Manager Rath requested that a closed session to consider and receive an update on the Tommy Jones Litigation. Motion by Burnett-Hampson, seconded by McAdam to approve the agenda as submitted with the addition of the closed session to consider and receive an update on the Tommy Jones Litigation. The motion carried by the affirmative vote of all Council Members present. PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE COUNCIL 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 THREE (3) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. No one came forward to speak. APPROVAL OF CONSENT AGENDA. Motion by Smith, seconded by Hudak and carried, items on the consent agenda were approved by the affirmative vote of all Council Members present, as follows: Minutes for the Meeting of December 18, 2002; and Bills & Claims in the amount of $415, warrants # COMMISSION APPOINTMENTS PLANNING COMMISSION, AIRPORT ADVISORY COMMISSION & PARKS & RECREATION COMMISSION. Mayor Amabile explained commission appointment process and how you are only allowed to service two (2) four (4) year terms. He added that all those commission members that have expiring terms have submitted letters that they would like to be re-appointed. Mayor Amabile stated that they have done a good job in the past. Council Member Smith stated that she completely agrees with Mayor Amabile on the re-appointment of the commissioners. Mayor Amabile wanted to say that he appreciated all those who submitted letters of interest to serve on the many commissions. Council Member McAdam stated that he would hope that those that were not chosen to serve on a commission would reapply for other opening as they come available. Motion by Smith, seconded by Hudak to re-appoint Gerry Giesel and Jonathan Buettner to the Planning Commission for four (4) year terms; David Carlucci, Norm Donovan, and Joel Whitehurst, Jr. to the Airport Advisory Commission for four (4) year terms; and

4 Frank Souza to the Parks & Recreation Commission for a four (year) term. The motion carried by the affirmative vote of all Council Members present. Mayor Amabile then thanked the re-appointed commissioners for their commitment to another four (4) years of volunteer service to the City of Los Banos. PUBLIC HEARING MULTI FAMILY HOUSING REVENUE BONDS. (CONTINUE TO FEBRAURY 5, 2003). Community Development Director Miller reported that staff is requesting that the City Council open and then continue the Public Hearing to their February 5, 2003 meeting. He stated that staff is still waiting to see the potential impact of the Governor s State budget. At this time the public hearing was opened. No one came forward to speak and the public hearing was continued to the February 5, 2003 City Council Meeting. PUBLIC HEARING GENERAL PLAN AMENDMENT NO , ZONE CHANGE NO & AREA PLAN AMENDMENT (LOS BANOS INDUSTRIAL PARK); RESOLUTION NO APPROVING AN AMENDMENT TO THE LOS BANOS INDUSTRIAL BUSINESS PARK AREA PLAN, CITY OF LOS BANOS GENERAL PLAN, AND ADOPTING A MITIGATED NEGATIVE DECLARATION; ORDINANCE NO. 992 REZONING PROPERTY FROM LM (LIGHT MANUFACTURING) TO PD (PLANNED DEVELOPMENT). (FIRST READING & INTRODUCTION). Community Development Director Miller reported staff is requesting a General Plan Amendment, rezoning, and Area Plan Amendment to accommodate a multifamily housing project on approximately 20 acres within the area designated as the Los Banos Industrial Business Park. The project is located in southeast Los Banos and is bounded on the south by the abandoned Southern Pacific rail line, and is west of Ward Road and just east of Place Road. The proposed amendments and rezoning have been initiated by the City, in conjunction with the Affordable Housing Development Corporation; the proposed project is to build 200 multi-family units on 20 acres of land that will be developed in two phases. The project would be a mix of single-story and two-story structures. He noted that the that there was one comment concerning fencing the project form the manager of the mobile home park north of the site; and during the Planning Commission public hearing, comments were received from Obie O Brien and the Los Banos Unified School District. Mr. O Brien expressed concerns that the multi-family use may affect the future industrial development of the park and in particular surrounding properties and impact the reimbursement for oversized business park infrastructure. The Los Banos Unified School District expressed concerns regarding current overcrowding and the impact the students from these additional units may generate. Community Development Director Miller reported that the Planning Commission concluded that the proposed use may affect eh viability of the industrial park and recommended against the general plan amendment, zone change and area plan amendment. At this time the public hearing was opened. PAUL ALDERETE, Superintendent of the Los Banos Unified School Board, expressed his appreciation to address the City Council on the issue before them and read from a prepared letter that was made part of

5 the official record. The letter again expressed concerns regarding current overcrowding and the impact the students from these additional units may generate. He strongly feels that all new development should pay its own way. He then urged the City Council to reject the proposal before them. OBIE O BRIEN, 207 N Santa Rita, stated that he testified before Planning Commission and commended them on their actions and consideration. He has been Involved with Industrial Business Park for 7-8 years, representing a landowner out there. He stated that the property owners are not in favor of putting in apartment units and feels that not everyone was noticed about this proposal; and he does not feel this should move forward because some property owners have not had the chance to voice their opinion. He stated that he strongly opposes this action before the City Council. AUNDRE SOARES, 1232 California and a member of Los Banos Unified School District, reading from a prepared letter stated that she is opposed to the zone change before the City Council. She stated our schools are overcrowded, facilities needs will not be met at the rate we are growing, the need to work together to make our children and the schools they attend our priority, inadequate school facilities and funding, and supporting projects that pay their own way. She urged the City Council to reject the zone change before them. LOREN BURKE, 115 West K Street, stated that he was confused when shown the map and wanted more clarification on where this project is located. Community Development Director Miller explained exactly where this project was and what is was associated to. Mr. Burkes stated that as much as he would like to see new housing, he is concerned with how the people who are living in this are going to get to schools. He does not feel this is a good location for the project and recommends denial of the zone change. NORM DONOVAN, 112 Tangelo, stated that the area does not look like a good place to build apartments on and does not feel we should put the community further in the hole when it comes to funding school facilities. OBIE O BRIEN wanted to add that feels that an alternative site would be a better solution and the tax revenue generated would then be higher. No one else came forward to speak and the public hearing was closed. Council Member McAdam stated that as far as he can tell a percentage of low-income housing will not be designated and staff will be able to work on a development agreement with the potential developer. City Manager Rath stated that the size could range from 20% or higher. Council Member McAdam stated that the City Council is just deciding on usage. Council Member Smith inquired as to the noticing requirements and if they were met. Community Development Director Miller stated that the noticing requirements were met. Mayor Pro Tem Burnett-Hampson inquired as to if on important projects such as this could the City go above and beyond what we are required to do and notice all those who might have an interest in the project. Mayor Amabile added that it would be hard to draw the line from project to project if we do not notice all the same. Council Member McAdam stated that this project would promote economic development, which is important for our community. There have been discussion regarding different types of uses, and as a whole he does not feel the rezone would hamper this economic development of the proposed business park. He stated that there is a need for apartments and having them adjacent to where they may work is not a negative thing and feels this might just kick-start the project. Council Member Hudak inquired as to the time frame the City would be looking at if this was approved.

6 Community Development Director Miller stated that the next cycle for federal funding is in March or April 2003, final development plans until the spring or summer 2003, with construction as early as fall 2003 or staff could be looking a year from now before things really get under way. Council Member Smith feels that this project would be good for the City as a whole and we need to move forward in a direction that is good for the City. She agrees with that mitigation with the developers is a must and the City is in dire need of affordable housing, not just low income housing. Mayor Pro Tem Burnett-Hampson stated that proposed project is 4 blocks away from her neighborhood and she feels mixed use makes the area more vital. This project would allow students to get most all schools safely, with controlled crossings, protected bike paths and pedestrian trail ways. She also agrees that all new developers should pay their own way. She feels that the school board has done an incredible job with the issues before them and is willing to work together with the Los Banos Unified School District to address them at a City level. She stated that the City Council is committed to healthy growth and schools are core to the community. Council Member McAdam stated that what the City Council is acting on tonight is just changing the zoning, not a development agreement with a developer on a proposed project. City Manager Rath stated that the rezone is necessary to be able to apply for grant funding in March 2003 and staff will still have time to address mitigation for the school issues. Mayor stated that when he took a closer look at the area as a whole, this piece of property is more appropriate for a zone change from light industrial because of the surrounding uses and proposed uses. He agrees that we have to mitigate for school funding and that there are just proposals on the table that could change tomorrow for this zone change area. He added that statistics show that when you bring in this type of housing to the community it is local people who relocate to these developments, so we have to reassess how this affects the schools. He feels there is plenty of time for mitigation of fees for the school district. He supports the needs of the Los Banos Unified School District, but believes the impact to the schools will be much smaller than anticipated. He feels this rezone would be a better use for the property and will help the business park get going. Motion by Burnett-Hampson, seconded by McAdam to Resolution No. 4374, approving an amendment to the Los Banos Industrial Business Park Area Plan, City of Los Banos General Plan, and adopting a Mitigated Negative Declaration. The motion carried by the affirmative vote of all Council Members present. Motion by Smith, seconded by Hudak to waive the first reading of Ordinance No. 992, rezoning property from LM (Light Manufacturing) to PD (Planned Development). The motion carried by the affirmative vote of all Council Members present. Motion by Smith, seconded by Hudak to introduce Ordinance No. 992, rezoning property from LM (Light Manufacturing) to PD (Planned Development. The motion carried by a Roll Call Vote: AYES: Burnett-Hampson, Hudak, McAdam, Smith, Mayor Amabile; NOES: None; ABSENT: None

7 ADVISEMENT OF PUBLIC NOTICES. (4 Reports) Mayor Pro Tem Burnett-Hampson requested that staff note which items would also come before the City Council for approval after being heard before the Planning Commission. Community Development Director Miller reported that there will be a Public Hearing before the Planning Commission on January 8, 2003 to consider a request by Manthey Road-Sterling Partners to amend a previous Site Plan Review approval to allow the addition of a drive-through lane on the 6,400 square-foot Pad G. The subject site is Highway Commercial and is located in the College Plaza Shopping Center, on the north side of Pacheco Boulevard between Nickel Street and Ward Road. Community Development Director Miller reported that there will be a Public Hearing before the Planning Commission on January 8, 2003 to consider a proposal by Lino Soares for a Site Plan Review to allow the construction of a 2,100 square-foot warehouse building for personal vehicle restoration. The subject site is zoned General Commercial and is located at 930 G Street. Community Development Director Miller reported that there will be a Public Hearing before the Planning Commission on January 8, 2003 to consider a proposal by New Avalon One Development, LLC to amend the development plan for 102 single family lots by removing the age restriction on the pr9ject and changing the recreation facilities from a clubhouse to a cabana-type recreation facility. The subject properties are generally located on the west and east sides of San Luis Street, north of Pacheco Boulevard and south of the Meadowlands Subdivision. Community Development Director Miller reported that there will be a Public Hearing before the Planning Commission on January 8, 2003 to consider a proposal by Stonecreek Properties, LLC to rezone approximately 62.5 acres from Unclassified to Planned Development to allow the development of 256 multifamily units and 160 single family units on 54.2 acres and to subdivide the same acreage into 160 single family lots and 3 multifamily lots. A Final Development Plan and Mitigated Negative Declaration have been prepared for the project and will also be considered. The subject property is general located on the west side of Ortigalita Road and north of the Cardoza Road alignment. This proposal will also be going before the City Council for approval. M.C.A.G. REPORTS: Mayor Amabile stated that he was not able to attend the last meeting and Council Member McAdam attended in his place. Council Member McAdam stated that there discussion regarding unanimous approval of the award of a multi year contract for The Bus. There was a representative from CalTrans there and staff there was an inquiry for any information about the highway bypass project. He stated that the draft EIR would be available in the spring 2003 and by the fall 2003 a route would be selected. He was not sure when construction would start. City Manager Rath stated that a representative from CalTrans would be coming to meet with city staff to talk about a number of City issues, which includes the highway bypass. Mayor Amabile stated that the next MCAG meeting is January 16, 2003 and the next LAFCO meeting is on January 23, 2003 CITY STAFF REPORTS CITY ENGINEER: Nothing to report.

8 CITY ATTORNEY: Nothing to report. CITY MANAGER: Nothing to report. MEMBERS OF THE CITY COUNCIL REPORTS COUNCIL MEMBER HUDAK: Make sure everyone knows that in coming months we will be looking at a number of annexations on the south side of Los Banos and it is important that we get everyone s views and encouraged all to make contact with the Council Members or City staff about them know how they feel about the different projects. He then wished everyone a prosperous new year. COUNCIL MEMBER McADAM: Wished all a happy new year and stated that he is becoming very concerned with the illegal signage in town, particularly on the highway. City Manager Rath stated that staff is working on the signage issues; they will try to make contact with the business community and let them know and understand the standards set by the City. Council Member Hudak inquired as to if the Code Enforcement Officers have the ability or authority to write citations for the sign violations. Fire Chief Guintini stated that the sign ordinance as it is now is vague and hard to enforce. In the past it has always been by letter process and try to get the businesses to comply; the City would have to amend ordinance to give the Code Enforcement Officers the authority to write citations. COUNCIL MEMBER SMITH: Wished everyone a very happy New Year. MAYOR PRO TEM BURNETT-HAMPSON: Inquired as to when staff would be giving an update on the RV parking, boat parking and signage issues. City Manager Rath stated that staff is working on different issues associated with putting together an ordinance. Council Member McAdam then suggested having a workshop with the Planning Commission to address the RV parking issues. Mayor Pro Tem Burnett- Hampson invited and encouraged anyone who might be interested to attend the Subdivision Design Workshop on January 6, She added that it is important to create and maintain the small town feel in conjunction with healthy growth. MAYOR AMABILE: Stated that the City has been working on putting together a shopping cart ordinance, and he has recently received comments from local merchants who were upset about the shopping carts that have been picked up by City staff and then taken and stored out at the airport. Public Services Director Sousa stated that he has contacted those merchants who have shopping carts out at the airport and are working with them on their retrieval. Mayor Amabile stated that he has read an ordinance from the City of Atwater that he believes to be a very good ordinance that addresses a variety of issues; and he would like staff to take a look at it when drawing up the Los Banos shopping cart ordinance. City Manager Rath stated that staff will be contacting the local merchants to schedule a date a time that they can all get together and talk about the shopping cart issue. Mayor Amabile stated that this ordinance would not be to penalize the merchants, but the City needs to come up with a mechanism to handle all the abandoned shopping carts around town. Mayor Amabile then stated that

9 February 5, 2003 will be the State of the City address and looking forward to presenting that to the community. The address will again be an interactive one, with phone lines open for calls and also questions from the audience. He stated that the City is very proud of what we are doing and where we are going as a community. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION TOMMY JONES (Government Code Section ) No action taken, advisement only. ADJOURNMENT. At the hour of 10:30 p.m., the meeting was adjourned to Monday, January 6, 5:30 PM to attend a Subdivision Design Workshop at the Police Annex, 535 J Street, Los Banos CA The next regular City Council Meeting is January 15, MISCELLANEOUS INFORMATION IN COUNCIL PACKET, NO ACTION NECESSARY. 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 video and/or audiotapes kept as a permanent record. APPROVED: ATTEST: MICHAEL S. AMABILE, MAYOR LUCILLE L. MALLONEE, CITY CLERK

10 CITY OF LOS BANOS CITY COUNCIL ADJOURNED MEETING JANUARY 6, 2003 The City Council of the City of Los Banos met on the above given date; Mayor Amabile called the meeting to order at the hour of 5:30 p.m. ROLL CALL MEMBERS OF THE CITY COUNCIL PRESENT: Burnett-Hampson, Hudak, McAdam, Smith and Mayor Amabile. SUBDIVISION DESIGN WORKSHOP: No action taken, workshop presentation only. ADJOURNMENT. The meeting adjourned at the hour of 7:32 p.m. 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 video and/or audiotapes kept as a permanent record. APPROVED: MICHAEL S. AMABILE, MAYOR ATTEST: LUCILLE L. MALLONEE, CITY CLERK