CITY OF LOS BANOS CITY COUNCIL / REDEVELOPMENT AGENCY MEETING MINUTES DECEMBER 21, 2011

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1 CITY OF LOS BANOS CITY COUNCIL / REDEVELOPMENT AGENCY MEETING MINUTES DECEMBER 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 / REDEVELOPMENT AGENCY PRESENT: Council Members Tom Faria, Scott Silveira, Joe Sousa, Elizabeth Stone, Mayor Michael Villalta; 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, 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. 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; 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. NIKKI TUFT, Los Banos, reminded all that there are no service delays for garbage pickup service during the Christmas or New Year s Holidays, Christmas tree pick up and how and if they can be disposed, newsletter in utility bill that listed all the garbage pick up dates and tree disposal, stated that she had a wonderful time at Breakfast with Santa on Saturday and it was great to see everyone out there; CHUCK MARTIN, Los Banos, wished all a Merry Christmas and stated how the City looks real nice all lit up, reminded all about the Kiwanis Christmas Eve Dinner something they have done for thirty plus years will be held December 24 th from 11am- 2pm at the Fire Station on 7 th Street and invited all to come out, spoke about how they deliver meals to those who cannot come to the station; LES POLECSAY, Merced County Advisory Commission Member for the Westside, is a board member of the Friends of the Library, introduced Colleen Menefee as the President of the board, Patty Ryan, Lynette Gerbi, and Carol Schnopfner as board members, stated Carol

2 Schnopfner will be appearing on the television show Cupcake Wars in the Spring, gave a PowerPoint presentation on the 2011 Library Review; COLLEEN MENEFEE, spoke regarding advocating for a new location for the library at the Ted Falasco Justice Center once it is vacated, would like more space for the library, need lots of help, please contact Friends of the Library if anyone would like to help; PASTOR BRUCE RIVERS, Los Banos, stated that on the Labor Day holiday weekend he became a Type II Diabetic and went into the hospital, he is now 25 lbs lighter, has decided to address child obesity through his ministry program, plans to do some wonderful things in the City, holding bible studies; 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 6E City Council Resolution No Appointing Members to the Measure P Citizens Oversight Committee be removed from the consent agenda. Motion by Sousa, seconded by Stone to approve the consent agenda as follows: Check Register for # # in the Amount of $763,252.12; City Council Resolution No Accepting the Place Road and San Luis Street Strom Drain and Detention Basin Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No Accepting the Grant Deed and Dedication from KB Home South Bay Inc., Assessor s Parcel Number Meadowlands Park/Basin; City Council Resolution No Amending Division 4, Salary Schedule Employee Classifications Relating to the Police, Planning and Administration Departments; City Council Resolution No Appointing Members to the Measure P Citizens Oversight Committee. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present. Council Member Silveira stated he wanted to publicly recognize the members to be appointed, Diana Ingram & Rhonda Rusk. Motion by Silveira, seconded by Faria to adopt City Council Resolution No Appointing Members to the Measure P Citizens Oversight Committee. CONSIDERATION OF THE INTRODUCTION OF ORDINANCE NO AMENDING TITLE, 3, CHAPTER 8 OF THE LOS BANOS MUNICIPAL CODE REGULATING TO COMMERCIAL AND NON COMMERCIAL SOLICITATION WITHIN THE CITY. (SECOND READING & INTRODUCTION) City Attorney Vaughn presented the staff report noting he received one letter from the AVON Corporation objecting to the permitting part of the ordinance. Motion by Silveira, seconded by Faria to waive the second reading of Ordinance No Amending Title 3, Chapter 8 of the Los Banos Municipal Code Regulating Commercial and Non Commercial Solicitation within the City, with the Second Alternative. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present, Sousa voting No.

3 Motion by Silveira, seconded by Faria to adopt Ordinance No Amending Title 3, Chapter 8 of the Los Banos Municipal Code Regulating Commercial and Non Commercial Solicitation within the City, with the Second Alternative. The motion carried by the following roll call vote: AYES: Faria, Silveira, Stone, Villalta; NOES: Sousa; ABSENT: None. CONSIDERATION OF THE ADOPTION OF CITY COUNCIL RESOLUTION NO FINDING AND AUTHORIZING THE EMERGENCY CONSTRUCTION FOR THE WASTEWATER TREATMENT PLANT INFLUENT PIPELINE. Public Works Director/City Engineer Fachin presented the staff report. Motion by Faria, seconded by Stone to adopt City Council Resolution No Finding and Authorizing the Emergency Construction for the Wastewater Treatment Plant Influent Pipeline. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present. COMMISSION MEMBER APPOINTMENTS, PLANNING COMMISSION THREE (3) VACANCIES, TERMS EXPIRE DECEMBER 31, 2013; PARKS & RECREATION COMMISSION ONE (1) VACANCY, TERMS EXPIRE 31, 2013; AIRPORT ADVISORY COMMISSION TWO (2) VACANCIES, TERMS EXPIRE DECEMBER 31, 2013; CULTURE & THE ARTS COMMISSION FOUR (4) VACANCIES, TERMS EXPIRE DECEMBER 31, 2013; ECONOMIC DEVELOPMENT ADVISORY COMMITTEE FOUR (4) VACANCIES, TERMS EXPIRE DECEMBER 31, Mayor Villalta spoke to the number of applicants for the different commissions, thanked the Council Members for sitting in on the interviews and Public Works Director/City Engineer Fachin, Planning Director Fitzgerald, and Parks & Recreation Operations Manager Cardoza for helping out with the decision making process. Motion by Villalta, seconded by Stone to appoint Vern Hixon, Tracey Rosin, and Chandra Lee to the Planning Commission. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present. Motion by Villalta, seconded by Faria to appoint Nikki Tuft to the Parks & Recreation Commission. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present. Motion by Villalta, seconded by Sousa to appoint Heiko Stichel and Larry Leonardo Sr. to the Airport Advisory Commission. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present. Motion by Villalta, seconded by Silveira to appoint Carol Schopfner and Tommy Wright to the Culture & the Arts Commission and to re-advertise the vacant positions for two weeks. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present.

4 Motion by Villalta, seconded by Stone to appoint Mike Johnson, Les Burrows, and Sandy Hansen to the Economic Development Advisory Committee and to re-advertise the vacant positions for two weeks. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present. ADVISEMENT OF PUBLIC NOTICES (No Report). CITY MANAGER / EXECUTIVE DIRECTOR REPORT. City Manager Rath spoke to the emergency situation at the Wastewater Treatment Plant, commended staff for the great job they did managing the situation, there was a backup and staff was able to keep it onsite and manage it; hopes everyone has a great Christmas and Happy New Year. CITY COUNCIL / REDEVELOPMENT AGENCY MEMBER REPORTS. Mayor Villalta invited Supervisor O Banion to come forward and speak. Supervisor O Banion spoke to the comments made about turning the old Courthouse site into a library stating it would take some time to get it together, keeping the name of Robert M. Falasco with the new facility and suggesting a letter be drafted and sent to Judge McCabe, spoke regarding the County and how they are being furloughed this year with a large portion furloughing next week, Larry Combs has retired as Chief Executive Officer (CEO) and Jim Brown is the new CEO, wished all a Merry Christmas and Happy New Year and for things to look better in the future. Mayor Villalta asked Chief Guintini to come forward and speak regarding the opening of the warming shelter, spoke to standards in place with regards to the shelter. Chief Guintini announced that a warming shelter would be available at the Miller & Lux building, hours will be 5pm-8am, thanked Parks & Recreation for being key players in the operation of the shelter, the shelter is for anyone needing a warm place to be, Los Banos is very pro active, need support from the community to provide services for a longer period of time. Council Member Sousa spoke to the standards in place by the State for the warming shelter and how cold it needs to get before a warming center is opened, asked anyone in the community who can to help out, understands the financial aspects of running a warming center, it involves a lot of overtime, this needs to be a total community effort including the County. Mayor Villalta stated he would welcome the discussion to have a public meeting to talk about this and sharing the responsibility, maybe the faith-based organizations could help us to set the standard. City Manager Rath stated we are opening the warming center for the whole west side not just Los Banos.

5 Pastor Rivers challenged all pastors in town to donate to the warming shelter stating he is donating $100. ELIZABETH STONE: Thanked the Parks and Recreation staff and all those who came out and helped and participated in the Breakfast with Santa event; announced local Soroptimist club is accepting applications for the Violet Richardson Award which is awarded to a young woman between the ages of who is active in supporting her community, deadline is January 1, 2012; reminded all about the Christmas Eve Kiwanis dinner; Merry Christmas and Happy New Year. TOM FARIA: Wished all a Merry Christmas and Happy New Year; thanked all for the work they have done in the community, churches and groups, the town takes care of its own, everything decorated and looking beautiful, good spirit; let the Council know if you have concerns. SCOTT SILVEIRA: Breakfast with Santa was great; Habitat for Humanity had a dedication for a new house and what a wonderful experience it was; Kiwanis Christmas Eve dinner; Merry Christmas and Happy New Year. JOE SOUSA: Thanked everyone for Breakfast with Santa, had a great time and thanked the community for supporting the event; condolences to Tom Hammond s family on his passing, he was a decent good man and will be missed; Salvation Army is out ringing their bell and they touch a lot of lives through their work, they desperately need your help, contact Pastor Joe Roberts for more information; wished all a Merry Christmas and Happy New Year and asked that everyone remember why we celebrate; God bless us all and our Country. MAYOR MICHAEL VILLALTA: Mr. Lorango a Veteran passed away last week; Breakfast with Santa event was great, thanked all those involved, Golden Agers Christmas dinner was great, good times with friends, thanked Council Members for serving, thanked new officers of the Golden Agers for their service, and also to the commissioners appointed and for serving; garbage service will be on time during the holidays; congratulations to Bernice Schnorf on her upcoming retirement; Merry Christmas and Happy New Year. Council Member Sousa thanked all City employees stating we are successful because of them, how the employees stepped up during hard times; happy retirement to Bernice Schorf. Mayor Villalta thanked City employees for their service on behalf of the Council; spoke regarding the eleven houses completed by Habitat for Humanity stating Dick Gerbi is a great supporter of Habitat for Humanity and thanked he and his wife for all that they do. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION ; PROPERTY: A PORTION OF PACHECO PARK, 903 PACHECO BOULEVARD, LOS BANOS, CALIFORNIA, (A

6 PORTION OF APN ), APPROXIMATELY 6.11 ACRES; NEGOTIATORS: CITY MANAGER, CITY ATTORNEY, PUBLIC WORKS DIRECTOR/CITY ENGINEER; NEGOTIATING PARTIES: CITY OF LOS BANOS & LOS BANOS UNIFIED SCHOOL DISTRICT; UNDER NEGOTIATION: PURCHASE PRICE AND TERMS OF SALE. No action taken, advisement to staff only. ADJOURNMENT. The meeting was adjourned at the hour of 8:08 p.m. APPROVED: ATTEST: /s/ Michael Villalta Michael Villalta, Mayor /s/ Lucille L. Mallonee Lucille L. Mallonee, City Clerk