CITY OF LOS BANOS CITY COUNCIL / REDEVELOPMENT AGENCY MEETING MINUTES JUNE 18, 2008 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 following closed session items were held prior to the City Council Meeting: CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION 54957.6.9 AGENCY DESIGNATED REPRESENTATIVES: CITY MANAGER, CITY ATTORNEY, POLICE CHIEF, HUMAN RESOURCES DIRECTOR; EMPLOYEE ORGANIZATION: LOS BANOS POLICE SERGEANTS ASSOCIATION. No action taken, advisement to staff only. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION, PURSUANT TO SUBDIVISION (A) OF SECTION 54956.9 OF THE GOVERNMENT CODE. NAME OF CASE: SUMMIT DEVELOPMENT CORP. VS. CITY OF LOS BANOS, MERCED SUPERIOR COURT CASE NO. 149066. No action taken, advisement to staff only. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8. PROPERTY: APPROXIMATELY 67.57 ACRES LOCATED ON THE NORTHEAST CORNER OF WARD ROAD AND B STREET, BOUNDED ON THE EAST BY THE SAN LUIS CANAL, LOS BANOS, CALIFORNIA; AGENCY NEGOTIATORS: CITY MANAGER & CITY ATTORNEY; NEGOTIATING PARTIES: CITY OF LOS BANOS & LOS BANOS UNIFIED SCHOOL DISTRICT; NEGOTIATION: PURCHASE PRICE AND TERMS OF SALE. No action taken, advisement to staff only. CALL TO ORDER: Mayor Jones called the City Council / Redevelopment Agency Meeting to order at the hour of 7:01 p.m. PLEDGE OF ALLEGIANCE. Police Chief Gallagher led the pledge of allegiance. ROLL CALL MEMBERS OF THE CITY COUNCIL / REDEVELOPMENT AGENCY PRESENT: Anna Brooks, Joe Sousa, Mike Villalta, and Tommy Jones; Tom Faria absent. STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, City Manager Rath, Fire Chief Guintini, Police Chief Gallagher, Public Works Director/City Engineer Chisam, Planning Director Fitzgerald, Redevelopment Manger Post, Translator Reyna.
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Brooks, seconded by Sousa to approve the agenda as submitted. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present; Faria absent. 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. O BIE O BRIEN, Los Banos, spoke regarding problems associated with a duplex on the southwest corner of Willmott & Santa Rita St., complaints against howling dogs, last summer there were thirty-five dogs on this property, person living in the other side of the duplex has to live with stench, flies, rats & mice, take a drive by the house and address these issues; GENE FORTE, Los Banos, inquired as to if the Police Chief sent him an apology and spoke regarding the Mayor s written apology he received, read from the Appearance of Fairness Doctrine, spoke about the determination from the Fair Political Practices Commission (FPPC) regarding Mayor Jones, formally objecting as a citizen of Los Banos regarding Mayor Jones voting on the upcoming annexations and will file a lawsuit against the City if Mayor Jones votes on these annexations, expects and would appreciate an apology from the Police Chief; SHIRLEY NAPOLITANO, Los Banos, spoke regarding the Elks 10 th Annual Black Hat Barn Dance being held on September 13, 2008 at the Delta Barn; NORM DONOVAN, Los Banos, thanked the City Council Members who showed up at the Flag Day ceremony last week and thanked Tom Faria for singing, reminded everyone about the shrimp feed on June 30 th ; STEPHEN HAMMOND, Los Banos, invited all out to celebrate the 50 th Anniversary of Bethel Community Church Saturday at 1:00 p.m.; DAVE ANDERSON, Los Banos, spoke on behalf of the Los Banos Amateur Radio Club, relay leagues will be held the last weekend in June at Pacheco Park, explained services the club can provide in a major disaster; ANN MCCAULEY, Los Banos, sad to see the movie nights and Christmas lighting were not budgeted for this year and wanted to invite service club groups to fundraise for the movie nights and lights at Christmas time; DIANA INGRAM, Los Banos, people are worried about how we are going to pay for the things in our budget, encouraged people to shop locally and spend their money in town so that the City receive the revenue. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Sousa, seconded by Brooks to approve the consent agenda as follows: City Council / Redevelopment Agency Meeting Minutes of May 21, 2008; Adjourned City Council Meeting Minutes of June 2, 2008; City Council / Redevelopment Agency Meeting Minutes of June 4, 2008; Check Register for #108808 - #109226 in the Amount of $6,014,412.70; Block Party/Street Closure Request for Friday, July 4, 2008 from 3:00 p.m. to 11:00 p.m., on the 500 Block of Sixth Street; Block Party/Street Closure Request for Friday, July 4, 2008 from 10:00 a.m. to 10:00 p.m., on the 2100-2245 Block of Park Crest Drive; Block Party/Street Closure Request for Friday, July 4, 2008 from 5:00 p.m.
to 10:00 p.m., on the 100 Block of Spumonte Court; Block Party/Street Closure Request for Saturday, July 12, 2008 from 11:00 a.m. to 7:00 p.m., on the 100 Block of Tangelo Avenue; City of Los Banos and Los Banos Unified School District Agreement for School Resource Officer (SRO) for the Period of July 1, 2008 June 30, 2009; City of Los Banos and Merced County Office of Education (MCOE) Agreement for School Resource Officer (SRO) for the Period of July 1, 2008 - June 30, 2009; 2008 Conflict-of- Interest Code Local Agency Biennial Notice; City Council Resolution No. 5028 Amending the Fiscal Year 2007-2008 Budget by Increasing the Appropriation Limit for the Public Safety Augmentation Fire Fund for Expenditures by $338,439 and Reducing the Appropriation Limit by $338,439 for the Public Safety Augmentation Police Fund by $338,439; City Council Resolution No. 5029 Authorizing the Public Works Director/City Engineer to Proceed with the Purchase of a John Deere Gator Utility Vehicle from San Joaquin Equipment Co. for $5,314.20; City Council Resolution No. 5030 Approving the Annual Local Transportation Fund (LTF) Claim to be Filed with the Merced County Association of Governments (MCAG) for Fiscal year 2008-2009. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present; Faria absent. COMMUNITY CENTER PROPOSED COST ESTIMATE AND REVENUE OPPORTUNITIES. Public Works Director/City Engineer Chisam presented the staff report which included a PowerPoint presentation. There was Council Member discussion regarding prices the public will be charged to use the facility. Public Works Director Chisam reported that prices were generated by viewing comparable facilities such as the Los Banos DES Hall, County Fairgrounds, and another facility located just outside of town. There was discussion regarding the facility being shared with the school district, and Chisam stated that the terms for joint use of the facility have yet to be negotiated with the school district. Mayor Jones thanked staff for a great job on this project and spoke of the benefits that the facility will bring to the community. CONSIDERATION OF ADOPTION OF REDEVELOPMENT AGENCY RESOLUTION NO. 2008-06 07 APPROVING GREG OPINSKI CONSTRUCTION, INC. AS THE PRE-CONSTRUCTION CONTRACTOR FOR THE COMMUNITY CENTER AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH GREG OPINSKI CONSTRUCTION, INC. TO PROVIDE PRE- CONSTRUCTION SERVICES FOR THE COMMUNITY CENTER FOR THE CITY OF LOS BANOS. Public Works Director/City Engineer Chisam presented the staff report which included a PowerPoint presentation. There was Council Member concern regarding the Redevelopment Agency being indebt. Redevelopment Manager Post explained how the Redevelopment Agency bonds work and how the Redevelopment Agency needs to be in debt in order to function properly. Post then explained the reasoning for funding the community center with Redevelopment funds and why the community center would draw in additional sales tax revenue for the City by attracting new businesses along the rail corridor. Chief
Financial Officer Wall stated that the City has committed to this bond and that there is a prepayment penalty. Wall noted that when the City went out for bonding it was reported that the bond would be used for a community center. Redevelopment Manager Post spoke to various projects the Redevelopment Agency is currently funding under current bonds and clarified that not all Redevelopment Agency funds are being committed to the community center. Motion by Brooks, seconded by Sousa to adopt Redevelopment Agency Resolution No. 2008-07 Approving Greg Opinksi Construction, Inc. as the Pre-construction Contractor for the Community Center and authorizing the City Manager to execute a professional Services Agreement with Greg Opinksi Construction, Inc. to Provide Pre-construction Services for the Community Center for the City of Los Banos. The motion carried by the following vote: AYES: Brooks, Jones, Sousa; NOES: Villalta; ABSENT: Faria. PUBLIC HEARING CONSIDERATION OF THE APPROPRIATION LIMITATION FOR THE FISCAL YEAR 2008-2009; CITY COUNCIL RESOLUTION NO. 5031 SETTING THE TAX RELATED APPROPRIATION LIMIT IN COMPLIANCE WITH PROPOSITION 4 AND PROPOSITION 111 FOR FISCAL YEAR 2008-2009 APPROPRIATION LIMIT. City Treasurer/Chief Financial Officer Wall presented the staff report. The public hearing was opened. No one came forward to speak and the public hearing was closed. Motion by Sousa, seconded by Brooks to adopt Resolution No. 5031 Setting the Tax Related Appropriation Limit in Compliance with Proposition 4 and 111 for Fiscal Year 2008-2009. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present; Faria absent. PUBLIC HEARING CONSIDERATION OF THE 2008-2009 FISCAL YEAR BUDGET; CITY COUNCIL RESOLUTION NO. 5032 ADOPTING FISCAL YEAR 2008-2009 BUDGET INCLUDING DIVISION 4 EMPLOYEE CLASSIFICATIONS & SALARY SCHEDULES. City Treasurer/Chief Financial Officer Wall presented the staff report. The public hearing was opened. No one came forward to speak and the public hearing was closed. Council Member Villalta stated that the budget has funds in it relating to the community center that he cannot approve, expressed concern regarding a recent salary survey conducted by the City for management level employees, and does not believe that a 4.2% raise for management is appropriate without looking at all positions within that class to determine which are above or below market rate. Motion by Sousa, seconded by Brooks to adopt Resolution No. 5032 Adopting the Fiscal Year 2008-2009 Budget Including Employee s Salary Schedule. The motion
carried by the following vote: AYES: Brooks, Jones, Sousa; NOES: Villalta; ABSENT: Faria. CONSIDERATION OF A HEALTH SAVINGS PLAN (HSP); CITY COUNCIL RESOLUTION NO. 5033 RESCINDING CITY COUNCIL RESOLUTION NO. 4329 ELECTION TO ESTABLISH A HEALTH BENEFIT VESTING REQUIREMENT FOR FUTURE RETIREES UNDER PUBLIC EMPLOYEE S MEDICAL AND HOSPITAL CARE ACT; CITY COUNCIL RESOLUTION NO. 5034 FIXING THE EMPLOYER S CONTRIBUTION UNDER THE PUBLIC EMPLOYER S MEDICAL AND HOSPITAL CARE ACT. City Treasurer/Chief Financial Officer Wall presented the staff report. Motion by Brooks, seconded Sousa by to adopt Resolution No. 5033 Rescinding Resolution No. 4329 electing to Establish a Health Benefit Vesting Requirement for Future Retirees Under Public Employee s Medical and Hospital Care Act. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present; Faria absent. Motion by Brooks, seconded by Sousa to adopt Resolution No. 5034 Fixing the Employer s Contribution Under the Public Employer s Medical and Hospital Care Act. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present; Faria absent. CONSIDERATION OF THE INTRODUCTION OF ORDINANCE NO. 1072 ADDING CHAPTER 14 ALARMS AND ALARM SYSTEMS TO TITLE 4 OF THE LOS BANOS MUNICIPAL CODE. (First Reading & Introduction). Police Chief Gallagher presented the staff report including a PowerPoint presentation. There was Council Member discussion regarding the registration fee amount, the need for residents to register audible alarms that are not serviced by an alarm company, and seniors who cannot afford to pay for the registration. Motion by Villalta, seconded by Sousa to waive the first reading of the full text of Ordinance No. 1072 Adding Chapter 14 Alarms and Alarm Systems to Title 4 of the Los Banos Municipal Code. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present; Faria absent. Motion by Villalta, seconded by Sousa to introduce Ordinance No. 1072 as read by title. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present; Faria absent. A five minute break was taken at this time. AMENITY FEE/PRE-ANNEXATION AGREEMENT FEE/COMMUNITY BENEFIT POLICY. Planning Director Fitzgerald presented the staff report noting that the item would be brought back to the City Council for adoption on July 16, 2008.
CONSIDERATION OF COMMISSION MEMBER APPOINTMENTS AIRPORT COMMISSION ONE (1) VACANCY, ONE (1) UNEXPIRED TERM, EXPIRING DECEMBER 31, 2009. Mayor Jones stated that Council Member Villalta and Public Works Director/City Engineer Chisam served with him on the interviewing committee. Motion by Jones, seconded by Villalta to appoint Mona Guiliani to serve as Airport Commissioner under the unexpired term, expiring December 31, 2009. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present; Faria absent. COUNCIL MEMBER AGENDA REQUESTS. (To see if there is a majority consensus to have staff expend time on the issue and to hear it at a future meeting.) CONSIDER REQUEST FROM COUNCIL MEMBER BROOKS & MAYOR PRO TEM SOUSA TO REVIEW $366,000 FOR A SOLID WASTE/STREET IMPACT FEE. Council Member Sousa stated that the reasoning for this request was to try to remove impact from the General Fund by implementing a minor increase in fees for new and existing solid waste customers, adding that he feels the money could be better allocated than what is currently happening and stated that the purpose of the request is only to have staff look into the posibility and not to implement a fee at this moment. Motion by Brooks, seconded by Sousa to direct staff to review the $366,000 for a Solid Waste/Street Impact Fee. The motion carried by the following vote: AYES: Brooks, Jones, Sousa; NOES: Villalta; ABSENT: Faria. REDEVELOPMENT AGENCY UPDATE. Redevelopment Manager Post stated that while the downtown Christmas tree lights will not be put up this year, the Redevelopment Agency will provide for the downtown Christmas decorations during the holidays. Post reported that she recently met with the Federal Economic Development Administration who recently approved an innovation feasibility study regarding a partnership with Merced College for an incubator training that will train interested parties in a special field. Post stated that RBF Consulting will be back in July to discuss the workshops on the Rail Corridor. ADVISEMENT OF PUBLIC NOTICES (TWO REPORTS). Planning Director Fitzgerald presented the two public notices. CITY MANAGER/EXECUTIVE DIRECTOR REPORT. City Manager Rath reported that CalTrans is getting ready to put in a traffic light at the intersection of H & I Street, which will take about two months and lanes may be closed during this time. CITY COUNCIL / REDEVELOPMENT AGENCY MEMBER REPORTS.
MIKE VILLALTA: Spoke regarding Ham Radio Field Day on Saturday, June 28, 2008 at Pacheco Park, Lorensen Propane celebrating its 70 th Anniversary and would like to see them receive a proclamation, anything the Police Chief could do to help with barking dog problems would be appreciated, shopping carts all over the community and would like to see more enforcement, reminded everyone to shop locally, Elks Black Hat Social is September 13, 2008, Elks Shrimp Feed is June 30, 2008 see Norm Donovan for tickets to these events, Bethel Community Church celebration is this Saturday. ANNA BROOKS: Stated that it is important to shop locally, would like to see the Christmas tree lights up this year, if anyone is interested in fundraising for the Christmas lights please call her, congratulations to her best friend who recently was married in Hawaii, congratulations to her cousin who was also recently married. TOMMY JONES: Asked the Police Chief what could be done about the dog problem spoken about during the public forum, and Police Chief Gallagher stated that a Police Commander is currently working on the issue. Jones stated tomorrow he will attend the MCAG meeting. JOE SOUSA: Recognized and thanked the Veterans for putting up flags on Flag Day; how Madison & Hillview residents have opted to have a flag in their yard and it really stands out, please pray for the residents having bad weather in the Midwest; how situations like this really make everyone appreciate the Ham Radio operators; attended the Merced County Chamber of Commerce recognition luncheon and was proud to congratulate Frank and Helen Gallichio for being named as Volunteer of the Quarter and is grateful they are part of the community; requested that staff look into the possibility of implementing a library fee for the community; and would like to see the proclamation for Lorensen Propane happen. TOM FARIA: Absent. MISCELLANEOUS INFORMATION IN COUNCIL PACKET, NO ACTION NECESSARY. ADJOURNMENT. The meeting was adjourned at the hour of 10:06 p.m. APPROVED: ATTEST: /s/ Tommy Jones Tommy Jones, Mayor /s/ Lucille L. Mallonee Lucille L. Mallonee, City Clerk