CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES DECEMBER 19, 2012

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1 CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES DECEMBER 19, 2012 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 Meeting to order at the hour of 7:04 p.m. PLEDGE OF ALLEGIANCE: Police Commander Reyna led the Pledge of Allegiance. ROLL CALL MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Tom Faria, Deborah Lewis, Scott Silveira, Elizabeth Stonegrove, Mayor Michael Villalta; Absent: None. STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Administrative Services Director Mallonee, City Treasurer/Accountant II Brazil, Acting City Manager/Police Chief Brizzee, Fire Chief Guintini, Police Commander Reyna, Community Development Director Fitzgerald, Public Works Director/City Engineer Fachin and Information Technology Director Spalding. CONSIDERATION OF APPROVAL OF AGENDA: Motion by Silveira, seconded by Faria to approve the agenda as submitted. The motion carried by the affirmative action of all City Council Members present. PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. GENEVA BRETT, Los Banos, thanked the community for their generous donations for the coats for kids program, spoke of a successful canned food drive, thanked Johnnie s Cleaners for cleaning the coats at no cost, and reminded all to shop local; JIM VALENTINE, Los Banos, spoke regarding the Kiwanis Club Christmas Eve Dinner being held at Fire Station No. 1, encouraged all to attend or help out, thanked the City and Fire Chief Guintini for the use of the facility, and wished everyone a Merry Christmas; DIANA INGRAM, Los Banos, wished everyone a Merry Christmas, spoke about the Salvation Army and the need for ringers not just during the holidays season but all year round; BRUCE RIVERS, Los Banos, spoke of having a birthday party for Jesus Christ on December 23, 2012 at 3:00 p.m. at Bethel Pentecostal and how there will be a revival tonight at New Cannon Baptist Church. No one else came forward to speak and the public forum was closed.

2 CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Fire Chief Guintini spoke to item 6D, City Council Resolution No Appointing Members to the Measure P Oversight Committee, noting that Mark Bodley and Hoang (Ichabod) Nguyen being recommended for appointment. Motion by Lewis, seconded by Faria to approve the consent agenda as follows: Check Register for # # in the Amount of $1,241,759.21; City Council Resolution No Authorizing the Mayor to Enter into a Maintenance Agreement with CalTrans Associated with Frontage Improvements to the Dollar General Store to be Located at the Southwest Corner of Mercey Springs and Santa Barbara Street, APN ; City Council Resolution No Appointing Members to the Measure P Oversight Committee; City Council Resolution No Authorizing the Release of Unclaimed Checks to the City of Los Banos Pursuant to California Government Code Section The motion carried by the affirmative action of all City Council Members present. PRESENTATION BY MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) REGARDING THE REGIONAL TRANSPORTATION PLAN OUTREACH STRATEGY. Public Works Director/City Engineer Fachin presented the staff report, introducing Matt Fell, Regional Transportation Planner with MCAG, who spoke in more detail to the Regional Transportation Plan Outreach Strategy. No action taken, informational item only. PUBLIC HEARING TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF GENERAL PLAN AMENDMENT # , ZONE CHANGE # AND ASSOCIATED NEGATIVE DECLARATION FOR THE REZONE OF AN EXISTING SINGLE FAMILY RESIDENCE, ZONED LOW DENSITY RESIDENTIAL (R-1) TO NEIGHBORHOOD COMMERCIAL (C-N), LOCATED AT 310 WEST I STREET, APN , APPLICANT DEBBIE PERRY; CITY COUNCIL RESOLUTION NO CERTIFYING THE NEGATIVE DECLARATION FOR PROPERTY LOCATED AT 310 WEST I STREET, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR S PARCEL NUMBER ; ORDINANCE NO AMENDING THE OFFICIAL ZONING MAP BY REZONING ONE PARCEL GENERALLY LOCATED AT THE NORTHWEST CORNER OF ARIZONA AVENUE AND WEST I STREET (310 WEST I STREET) FROM LOW DENSITY RESIDENTIAL (R-1) TO NEIGHBORHOOD COMMERCIAL (C-N). (SECOND READING & ADOPTION); CITY COUNCIL RESOLUTION NO APPROVING A GENERAL PLAN LAND USE MAP AMENDMENT FOR PROPERTY LOCATED AT 310 WEST I STREET, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR S PARCEL NUMBER (CONTINUED FROM THE DECEMBER 5, 2012 MEETING) Community Development Director Fitzgerald presented the staff report. Mayor Villalta opened the public hearing. No one came forward to speak and the public hearing was closed. Motion by Stonegrove, seconded by Silveira to waive the second reading of Ordinance No Amending the Official Zoning Map by Rezoning One Parcel Generally

3 Located at the Northwest Corner of Arizona Avenue and West I Street (310 West I Street) from Low Density Residential (R-1) to Neighborhood Commercial (C-N). The motion carried by the affirmative action of all City Council Members present. Motion by Stonegrove, seconded by Silveira to adopt Ordinance No Amending the Official Zoning Map by Rezoning One Parcel Generally Located at the Northwest Corner of Arizona Avenue and West I Street (310 West I Street) from Low Density Residential (R-1) to Neighborhood Commercial (C-N). The motion carried by the following roll call vote: AYES: Faria, Lewis, Silveira, Stonegrove, Villalta; NOES: None; ABSENT: None. Motion by Stonegrove, seconded by Silveira to adopt City Council Resolution No Approving a General Plan Land Use Map Amendment for Property Located at 310 West I Street, More Specifically Identified as Assessor s Parcel Number The motion carried by the affirmative action of all City Council Members present. PUBLIC HEARING CONSIDER GIVING STAFF DIRECTION TO PROCEED WITH THE APPOINTMENT OF A STEERING COMMITTEE AND THE PREPARATION OF AN ECONOMIC DEVELOPMENT STRATEGIC PLAN. (TO BE CONTINUED TO JANUARY 2, 2013) Mayor Villalta opened the public hearing. No one came forward to speak. Motion by Faria, seconded by Silveira to continue Public Hearing Consider Giving Staff Direction to Proceed with the Appointment of a Steering Committee and the Preparation to an Economic Development Strategic Plan to January 2, 2013 City Council Meeting. The motion carried by the affirmative action of all City Council Members present. PUBLIC HEARING CONSIDER GIVING STAFF AND THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE DIRECTION TO PROCEED WITH THE LOS BANOS HISTORY MURAL PROGRAM; CITY COUNCIL RESOLUTION NO DIRECTING STAFF AND THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE TO MOVE FORWARD WITH THE LOS BANOS HISTORY MURAL PROGRAM. Community Development Director Fitzgerald presented the staff report, which included a PowerPoint presentation. There was council member and staff discussion regarding grants out there that could be obtained, funds and time spent, trying to bring the community together, and how the City probably cannot regulate private ventures. Mayor Villalta opened the public hearing. GENEVA BRETT, Los Banos Chamber of Commerce, spoke of being in support of this project and has been suggesting it for years, how the Los Banos Chamber of Commerce will do what they can to help, and this being a wonderful opportunity to give Los Banos an identity. No one else came forward to speak and the public hearing was closed.

4 Council Member Stonegrove spoke of how she has spoken with art teachers at the high schools about doing something like this, her hope we can get community support, and how there is lots of talent in the community. Mayor Villalta spoke of how when he first started teaching forty years ago, Ms. Falasco allowed them to paint murals at Henry Miller School, how the kids came out in droves to work on the mural projects, and his hope that property owners take advantage of this. Council Member Lewis expressed her thanks for the wonderful idea, not just Henry Miller but the Buffalo Soldiers to name another, how there is a lot of diversity in Los Banos, and how this can bring a lot of historical pleasure to our City. Motion by Stonegrove, seconded by Faria to adopt City Council Resolution No Directing Staff and the Economic Development Advisory Committee to Move Forward with the Los Banos History Mural Program. The motion carried by the affirmative action of all City Council Members present. PUBLIC HEARING CONSIDERATION OF A USE PERMIT FOR THE USE OF A TYPE 21 ALCOHOL LICENSE TO PERMIT THE OFF-SALE OF GENERAL ALCOHOL FOR VILLAGE LIQUOR & MORE LOCATED AT 2260 EAST PACHECO BOULEVARD, SUITE A, APN ; CITY COUNCIL RESOLUTION NO APPROVING USE PERMIT NO FOR THE OFF-SALE OF GENERAL ALCOHOL FOR VILLAGE LIQUOR & MORE LOCATED AT 2260 EAST PACHECO BOULEVARD, SUITE A. Community Development Director Fitzgerald presented the staff report. Mayor Villalta opened the public hearing. No one came forward to speak and the public hearing was closed. Motion by Silveira, seconded by Faria to adopt City Council Resolution No Approving Use Permit No for the Off-Sale of General Alcohol for Village Liquor & More Located at 2260 East Pacheco Boulevard, Suite A. The motion carried by the affirmative action of all City Council Members present. CONSIDERATION OF THE ADOPTION OF CITY COUNCIL RESOLUTION NO NOMINATING A CANDIDATE TO THE SPECIAL CITY SELECTION COMMITTEE FOR APPOINTMENT TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT GOVERNING BOARD. Council Member Silveira nominated Dennis Brazil, Mayor of City of Gustine. Council Member Lewis nominated Mary-Michal Rawling, Council Member of City of Merced. Council Member Stonegrove nominated Joshua Pedrozo, Council Member of City of Merced.

5 Motion by Silveira, seconded by Stonegrove to adopt City Council Resolution No Nominating a Candidate (Dennis Brazil) to the Special City Selection Committee for Appointment to the San Joaquin Valley Air Pollution Control District Governing Board. The motion carried by the following roll call vote: AYES: Silveira, Stonegrove, Villalta; NOES: Faria, Lewis; ABSENT: none. Council Member Faria spoke to the job it is to sit on the board, how Mary-Michal Rawling is present tonight, and thanked her for the job she does with treating asthma and air quality. APPOINTMENT OF COMMISSION MEMBERS FOR THE FOLLOWING: PLANNING COMMISSION FOUR (4) VACANCIES. Motion by Villalta, seconded by Silveira to appoint Arkady Faktorovich, Susan Toscano, Tom Mello, and Tom Spada to serve full terms expiring December 31, 2014 on the Planning Commission. The motion carried by the affirmative action of all City Council Members present. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE FOUR (4) VACANCIES. Motion by Villalta, seconded by Faria to appoint Margaret Peggy Edwards, Shirley Napolitano, and Kathy Ballard to serve full terms expiring December 31, 2014 and to appoint Brett Jones to serve an unexpired term expiring December 31, 2013 on the Economic Development Advisory Committee. The motion carried by the affirmative action of all City Council Members present. PARKS & RECREATION COMMISSION THREE (3) VACANCIES. Motion by Villalta, seconded by Silveira to appoint John Castillo and Lori Brandt to serve full terms expiring December 31, 2014 on the Parks & Recreation Commission. The motion carried by the affirmative action of all City Council Members present. AIRPORT ADVISORY COMMISSION THREE (3) VACANCIES. Motion by Villalta, seconded by Silveira to appoint Daniel Beasworrick and Alan Wilber to serve full terms expiring December 31, 2014 on the Airport Advisory Commission. The motion carried by the affirmative action of all City Council Members present. Motion by Faria, seconded by Silveira to advertise the remaining vacancies on the Parks & Recreation Commission and Airport Advisory Commission on the City s website, extend the deadline to receive applications for these commissions to January 25, 2013, and make appointments to fill these vacancies at the February 6, 2012 City Council Meeting. The motion carried by the affirmative action of all City Council Members present. CULTURE & THE ARTS COMMISSION SIX (6) VACANCIES. Motion by Villalta, seconded by Faria to table this item to a date uncertain. The motion carried by the affirmative action of all City Council Members present. ADVISEMENT OF PUBLIC NOTICES (No Report).

6 CITY MANAGER REPORT. Acting City Manager/Police Chief Brizzee spoke to the suspension of the Region Transportation Impact Fee (RTIF), how that item will be coming back to Council for discussion at the meeting on January 2, 2013 because it is set to expire March 2, 2013, and wished everyone a Merry Christmas. Mayor Villalta asked Community Development Director Fitzgerald to speak to the Wal- Mart project, which she did and noted that the project is not being delayed until 2014 but the project will not be complete until CITY COUNCIL MEMBER REPORTS. DEBORAH LEWIS: Thanked the City and the Chamber for a wonderful Christmas parade, spoke of her support for the Salvation Army not just during this Christmas season but all year round, how Johnnie s Cleaners has done a wonderful job with cleaning the coats for the coats for kids program, how they deserve an extra thanks for all they do, encourage all to attend the Christmas Eve dinner on December 24, 2013, thanked all of the City staff for their dedication throughout the year, and wished all a very Merry Christmas and a happy New Year. SCOTT SILVEIRA: Requested to place an item on the next City Council agenda to consider having staff cleaning up the ordinances that require us to advertise and fill the vacancies, especially the Culture & the Arts Commission. Mayor Villalta suggested that he meet with City Clerk/Administrative Services Director Mallonee to talk about the wording. Silveira spoke of how he assisted Kiwanis barbecue last year and hopes to help out this year at the 29 th annual Christmas Eve dinner at Fire Station No. 1, how the Salvation Army still needs bell ringers, wished all a Merry Christmas and a safe and happy New Year, spoke of how there has been crimes of opportunity because valuables are left in vehicles, and encouraged the community to keep a look out for one another. ELIZABETH STONEGROVE: Spoke of how she attended Breakfast with Santa and how it was a wonderful event again this year, thanked all who worked and volunteered, spoke of the annual Christmas Eve dinner at Fire Station No. 1 being held by the Kiwanis, the need for Salvation Army bell ringers, how the money that is being collected stays in our community, and wished everyone a Merry Christmas and happy New Year. TOM FARIA: Spoke of how the Christmas parade was a lot of fun, how exciting it is to see the community come together to celebrate, the blessing of the children event being held at Los Banos High School, the annual Christmas Eve dinner at Fire Station No. 1, thanked all the service clubs for their service in the community, spoke of how the Holiday Open House was beautiful and thanked staff for that, and wished everyone a wonderful Christmas and a happy New Year. MAYOR MICHAEL VILLALTA: Thanked Merced County Supervisor O Banion for an excellent dinner and for paying two years in a row, spoke of how the Los Banos Tigers beat the Dos Palos Broncos in the football game two years in a row, acknowledged the

7 names of the City employees that we nominated for employee of the year and congratulated Sarah Orozco for receiving that honor this year, the prayer service for the blessing of the children at Los Banos High School, thanked all the City workers for everything they do, spoke of how Public Works Director/City Engineer Fachin brought the new street sweepers over, spoke of how he enjoyed the Breakfast with Santa event, how they served almost 400 breakfasts this year, reminded everyone about the Kiwanis Christmas Eve dinner at Fire Station No. 1 and encouraged all to attend, the true meaning of Los Banos and giving in the holiday spirit, thanked the citizens for making this a joyous community, and wished everyone a Merry Christmas and a happy New Year. ADJOURNMENT. The meeting was adjourned at the hour of 8:54 p.m. APPROVED: ATTEST: /s/ Michael Villalta Michael Villalta, Mayor /s/ Lucille L. Mallonee Lucille L. Mallonee, City Clerk