CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES JUNE 1, The City Council of the City of Los Banos met on the above given date.

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1 CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES JUNE 1, 2005 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 (video, DVD and/or audiotapes) kept as a permanent record. The City Council of the City of Los Banos met on the above given date. The following four (4) closed session items were discussed at 6:00 PM prior to the City Council Meeting: CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE AGENCY DESIGNATED REPRESENTATIVE: CITY MANAGER & CITY ATTORNEY; EMPLOYEE ORGANIZATION: LOS BANOS POLICE OFFICERS ASSOCIATION, LOS BANOS POLICE DISPATCHER/CLERK/MATRON/ COMMUNITY SERVICES OFFICERS. No action taken, advisement to staff only. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO GOVERNMENT CODE SECTION TITLE(S): COMMUNITY DEVELOPMENT DIRECTOR, FINANCE DIRECTOR, FIRE CHIEF, HUMAN RESOURCES DIRECTOR, POLICE CHIEF, PUBLIC SERVICES DIRECTOR, PUBLIC WORKS DIRECTOR. No action taken, advisement to staff only. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION, PURSUANT TO SUBDIVISION (A) OF SECTION OF THE GOVERNMENT CODE. NAME OF CASE: BUILDING INDUSTRY ASSOCIATION OF CENTRAL CALIFORNIA, INC. V. LOS BANOS UNIFIED SCHOOL DISTRICT, BY AND THROUGH ITS BOARD OF TRUSTEES; CITY OF LOS BANOS; COUNTY OF MERCED; AND DOES 1 THROUGH 30, INCLUSIVE, SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED, COURT CASE Mayor Pro Tem Smith did not take part in this closed session item. No action taken, advisement to staff only. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE PROPERTIES: 807 PAGE AVENUE, APN ; AGENCY NEGOTIATOR: CITY ATTORNEY & CITY MANAGER; NEGOTIATING PARTIES: CITY OF LOS BANOS AND FRANCISCO & FLORINDA PEREZ; UNDER NEGOTIATION: PURCHASE PRICE AND TERMS OF SALE. Mayor Pro Tem Smith did not take part in this closed session item. No action taken, advisement to staff only. Mayor Amabile called the City Council Meeting to order at the hour of 7:06 p.m. ROLL CALL MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Balatti, Jones, McAdam, Smith and Mayor Amabile.

2 STAFF MEMBERS PRESENT: City Manager Rath, City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, City Treasurer/Finance Director Wall, Public Works Director DeSa, Community Development Director Blais, Planning Manager Goodrich, Assistant Planner Silva, Redevelopment Manager Hubler, Police Chief Knapp, Planning Consultant James, Translator Reyna APPROVAL OF AGENDA: Motion by Smith, seconded by Balatti to approve the agenda as submitted. 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. LORA RINKO, Los Banos, spoke in opposition of the Indian gaming casino that is being talked about coming to the area; SANDY LEMAS, Los Banos, congratulated all the graduates from Los Banos High School and San Luis High School, spoke regarding WorkNet and the programs they provide, and about the Relay for Life event being held on June 4, 2005; DAVE ANDERSON, Los Banos, spoke regarding a group that he is a part of that is very interested in the public access channel and handed out a DVD of what other communities are doing in that regard. Mayor Amabile spoke in regards to the comments made during the public forum. APPROVAL OF CONSENT AGENDA. Council Member McAdam asked for an update on item 7I, Progress Payment No. 3 to McElvany Inc. in the amount of $79, for Construction of the Business Park. Council Member Smith stated that she would be abstaining from item 7G, Resolution No. 4616, Mission Village North, Phase 3 Final Map Acceptance and Subdivision Improvement Agreement because of a conflict of interest. Motion by McAdam, seconded by Jones to remove Motion to remove item 7G, Resolution No. 4616, Mission Village North, Phase 3 Final Map Acceptance and Subdivision Improvement Agreement. The motion carried by the affirmative action of all Council Members present. Motion by McAdam, seconded by Jones to approve the consent agenda as follows, not including item 7G, Resolution No. 4616, Mission Village North, Phase 3 Final Map Acceptance and Subdivision Improvement Agreement: Minutes for the May 4, 2005 Meeting; Minutes for the May 18, 2005 Meeting; Minutes for the May 23, 2005 Adjourned Meeting; Check Register for # #83463 in the amount of $3,091,151.98; Resolution No Approving the Annual Local Transportation Fund (LTF) Claim to be Filed with the Merced County Association of Governments (MCAG)

3 for Fiscal Year ; Resolution No Amending the Fiscal Year Budget by Increasing the Appropriation Limit in Revenues and Expenditures by $369,000 in the General Fund for Capital Outlay Items; Resolution No Mission Village North, Phase 3 Final Map Acceptance and Subdivision Improvement Agreement; Request for Waiver of Business License Fees - Los Banos Elks Lodge No. 2510; Progress Payment No. 3 to McElvany Inc. in the amount of $79, for Construction of the Business Park; Authorization to Issue a Request for Proposal (RFP) for New, In Kind Roofing for City of Los Banos Facilities (City Hall, Fire Station #1, Police Station, Police Annex, City Animal Shelter Building, and the Public Works Office Building); Award of Bid to Courtesy Chevrolet Cadillac for One (1) New Mid-Size Sedan in the amount of $22, (Water/Wastewater/Admin). The motion carried by the affirmative action of all Council Members present. At this time Mayor Pro Tem Smith left her seat at the dais. Motion by McAdam, seconded by Balatti, to approve Resolution No. 4616, Mission Village North, Phase 3 Final Map Acceptance and Subdivision Improvement Agreement. The motion carried by the affirmative action of all Council Members present, Smith abstained. Mayor Pro Tem Smith returned to her seat at the dais. PUBLIC HEARING STONECREEK VILLAGES IIA, III, AND IV PLANNED DEVELOPMENT; VESTING TENTATIVE TRACT MAPS # AND # ; FINAL DEVELOPMENT PLANS # AND # AND STONECREEK VILLAGES IIA, III, AND IV DEVELOPMENT AGREEMENTS. APNS: , , , , , , , AND TO CONSIDER TWO FINAL DEVELOPMENT PLANS, TWO VESTING TENTATIVE TRACT MAPS, AND TWO DEVELOPMENT AGREEMENTS FOR THE STONECREEK VILLAGES IIA, III, AND IV PLANNED DEVELOPMENT. THE SITE IS ACRES WEST AND SOUTH THE STONECREEK VILLAGES I AND II SUBDIVISIONS, WEST OF ORTIGALITA ROAD, NORTH OF PIONEER ROAD, AND SOUTH OF THE WAL- MART SHOPPING CENTER AND APPROXIMATELY 1,000 FEET SOUTH OF PACHECO BOULEVARD; RESOLUTION NO ADOPTING CEQA FINDINGS FOR AND APPROVING STONECREEK VILLAGES IIA AND III FINAL DEVELOPMENT PLAN (FDP) # ) AND STONECREEK VILLAGES IIA AND III VESTING TENTATIVE TRACT MAP (VTTM # ); RESOLUTION NO ADOPTING CEQA FINDINGS FOR AND APPROVING STONECREEK VILLAGES IV FINAL DEVELOPMENT PLAN (FDP) # AND STONECREEK VILLAGES IV VESTING TENTATIVE TRACT MAP (VTTM # ); ORDINANCE NO AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT ON BEHALF OF THE CITY FOR THAT CERTAIN DEVELOPMENT PROJECT KNOWN AS STONECREEK VILLAGES IIA AND III. (FIRST READING & INTRODUCTION); ORDINANCE NO AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT ON BEHALF OF THE CITY FOR THAT CERTAIN DEVELOPMENT PROJECT KNOWN AS STONECREEK VILLAGES IV. (FIRST READING & INTRODUCTION) (CONTINUED FROM MAY 18, 2005) Mayor Pro Tem

4 Smith stated that she will abstain from this item because she has a conflict of interest being that her family owns property in the area of this project. At this time Mayor Pro Tem Smith left her seat at the dais. Planning Consultant James presented the staff report. The public hearing was opened. TOM TERPSTRA, Stonecreek Properties, stated that they are available for comments and/or questions and thanked City staff for all the work they have done on the proposed project. No else came forward to speak and the public hearing was closed. There was Council Member discussion regarding carryovers, escalators, allocation for building permits, incentive for performance for building City Attorney Vaughn explained in detail the allocation process and the milestones set. Motion by McAdam, seconded by Balatti to waive the first reading of Ordinance No. 1032, authorizing the Mayor to Execute a Development Agreement on behalf of the City for the Certain Development Project Known as Stonecreek Villages IIA and III. The motion carried by the affirmative action of all Council Members present, Smith abstained. Motion by McAdam, seconded by Jones to introduce Ordinance No. 1032, authorizing the Mayor to Execute a Development Agreement on behalf of the City for the Certain Development Project Known as Stonecreek Villages IIA and III. The motion carried by the following roll call vote: AYES: Balatti, Jones, McAdam, Amabile; NOES: None; ABSENT: None; ABSTAIN: Smith. Motion by McAdam, seconded by Jones to waive the first reading of Ordinance No. 1033, authorizing the Mayor to Execute a Development Agreement on behalf of the City for the Certain Development Project Known as Stonecreek Villages IV the motion carried by the affirmative action of all Council Members present, Smith abstained. Motion by McAdam, seconded by Jones to introduce Ordinance No. 1033, authorizing the Mayor to Execute a Development Agreement on behalf of the City for the Certain Development Project Known as Stonecreek Villages IV. The motion carried by the following roll call vote: AYES: Balatti, Jones, McAdam, Amabile; NOES: None; ABSENT: None; ABSTAIN: Smith. Motion by Balatti, seconded by Jones to continue Resolution No. 4609, Adopting CEQA Findings for and Approving Stonecreek Villages IIA and III Final Development Plan (FDP) # ) and Stonecreek Villages IIA and III Vesting Tentative Tract Map (VTTM # ) to the June 15, 2005 meeting. The motion carried by the affirmative action of all Council Members present, Smith abstained. Motion by Balatti, seconded by Jones to continue Resolution No. 4610, Adopting CEQA Findings for and Approving Stonecreek Villages IV Final Development Plan (FDP)

5 # and Stonecreek Villages IV Vesting Tentative Tract Map (VTTM # ) to the June 15, 2005 meeting. The motion carried by the affirmative action of all Council Members present, Smith abstained. Mayor Pro Tem Smith returned to her seat at the dais. PUBLIC HEARING CONSIDERATION OF ORDINANCE NO REPEALING AND REPLACING CHAPTER 3 OF TITLE 9, ARTICLES 30 AND 31 OF THE MUNICIPAL CODE TO ESTABLISH PROVISION FOR MINISTERIAL REVIEW OF SECONDARY DWELLING UNITS IN THE SINGLE-FAMILY RESIDENTIAL (R-1) ZONE DISTRICT. (First Reading & Introduction) (Continued from May 18, 2005) Planning Consultant James presented the staff report. There was Council Member discussion regarding why units for rental occupancy only, electrical services need to be separate, count towards a separate permit, being pulled through Plan B, maximum number of people who can live in these units, minimum yard size, how much back yard they need to have, how to restrict that the second units remain rental only, permit allocation plan, potential problems, standards that address the potential problems, lot coverage issue, nanny flats can be good things and are good for resale value, lots need to be big enough, restrictions that need to apply with, and accessory uses having their own set of standards. The public hearing was opened. No one came forward to speak and the public hearing was closed. Motion by Smith, seconded by McAdam to waive the first reading of Ordinance No. 1035, Repealing and Replacing Chapter 3 of Title 9, Articles 30 and 31 of the Municipal Code to Establish Provision for Ministerial Review of Secondary Dwelling Units in the Single-Family Residential (R-1) Zone District, with the change to may instead of shall be for rental occupancy only. The motion carried by the affirmative action of all Council Members present. Motion by Smith, seconded by Balatti, to introduce Ordinance No. 1035, Repealing and Replacing Chapter 3 of Title 9, Articles 30 and 31 of the Municipal Code to Establish Provision for Ministerial Review of Secondary Dwelling Units in the Single-Family Residential (R-1) Zone District, with the change to may instead of shall be for rental occupancy only. The motion carried by the following roll call vote: AYES: Balatti, McAdam, Smith, Amabile; NOES: Jones; Absent: None. PUBLIC HEARING CONSIDERATION OF A BUSINESS LICENSE ORDINANCE AMENDING THE FEE. (First Reading & Introduction) (To be continued to June 15, 2005) Redevelopment Manager Hubler presented the staff report, requesting that this item be continued to the June 15, 2005 meeting. The public hearing was opened. No one came forward to speak.

6 Motion by McAdam, seconded by Jones to continue this public hearing to June 15, The motion carried by the affirmative action of all Council Members present. CONSIDERATION OF ORDINANCE NO ESTABLISHING A CODE ENFORCEMENT TRUST ACCOUNT FOR COLLECTIONS, DEPOSIT OF FINES, PENALTIES, LIEN, ASSESSMENTS AND/OR LEGAL PROCEEDINGS COLLECTIONS. (Second Reading & Adoption) Redevelopment Manager Hubler presented the staff report. Motion by McAdam, seconded by Jones to waive the second reading of Ordinance No. 1034, Establishing a Code Enforcement Trust Account for Collection, Deposit of Fines, Penalties, Lien, Assessments and/or Legal Proceedings Collections. The motion carried by the affirmative action of all Council Members present. Motion by McAdam, seconded by Jones to adopt Ordinance No. 1034, Establishing a Code Enforcement Trust Account for Collection, Deposit of Fines, Penalties, Lien, Assessments and/or Legal Proceedings Collections. The motion carried by the following roll call vote: AYES: Balatti, Jones, McAdam, Smith, Amabile; NOES: None; ABSENT: None; ADVISEMENT OF PUBLIC NOTICES. (Two Reports) Community Development Director Blais reported that a Public Hearing will be held at the Planning Commission meeting on June 8, 2005, at 7:00 p.m. to consider a Site Plan Review to allow the construction of eight (8) townhouse units in the R-3 zone district. The project is located at 305 West J Street, APN Community Development Director Blais reported that a Public Hearing will be held at the Planning Commission meeting on June 8, 2005, at 7:00 p.m. to consider a Site Plan Review to allow the construction of professional office complex with retail in the Office Industrial Zone District. The project is located at 110 Madrone Street, APN , 007. CITY MANAGER REPORT: Spoke regarding the H Street & 2 nd Street Reconstruction Project which should be paved by the end of next week. M.C.A.G. REPORT: Mayor Amabile reported that prior to the City Council Meeting from 6:00 PM to 7:00 PM MCAG had a workshop here in the Los Banos Council Chambers regarding the Assessment for Transportation Needs. At the last meeting they reviewed the proposed budget and recognized those individuals who were part of the OneVoice group that went back to Washington, DC. The next MCAG meeting is June 16, 2005 in Merced. CITY COUNCIL REPORTS COUNCIL MEMBER BALATTI: Congratulated to all the graduates. COUNCIL MEMBER JONES: Congratulated all the graduates and the parents, reminded everyone that fireworks would be sold in Los Banos, from June 27-July 4, and

7 spoke regarding the Golf Tournament being planned for August 1, 2005 at Pheasant Run in Chowchilla to raise money for the Athletic Department at Los Banos High School on August 1, COUNCIL MEMBER McADAM: Stated that he was honored to attend Memorial Day Services and the local veterans are to be thanked for putting it together, inquired as it if the speed trailer from the Police Department is out everyday and that he would like to see it out on Cardoza Road to help deter speeding, and congratulated all the graduates. MAYOR PRO TEM SMITH: Apologized for missing the last two meetings, stated how good it was to see the City donate $2,500 to the Sober Grad program and encouraged all to attend, congratulated the graduates, and inquired as to if a right-hand turn lane on 7 th Street to the highway has been talked about to help get traffic across the highway. MAYOR AMABILE: Stated that the first City budget study session was held on May 23, 2005, and next budget study session is being held on June 6, 2005 with adoption if the budget on June 15, 2005, thanked the veterans for a wonderful Memorial Day Service, and congratulated the graduates - especially his son who graduated from high school this year and his daughter who graduated from junior high this year. ADJOURNMENT. The meeting was adjourned at the hour of 8:44 PM to 5:00 PM, Monday, June 6, 2005 to attend a Budget Workshop Being Held in the Council Chambers, 520 J Street, Los Banos, California. MISCELLANEOUS INFORMATION IN COUNCIL PACKET, NO ACTION NECESSARY. APPROVED: ATTEST: Michael S. Amabile, Mayor Lucille L. Mallonee, City Clerk