AGENDA CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 520 J Street Los Banos, California DECEMBER 3, 2003 7:00 PM If you require special assistance to attend or participate in this meeting, please call the City Clerk s Office @ (209) 827-7000 at least 48 hours prior to the meeting. The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * * * * * * * * * * Si requiere asistencia especial para atender o participar en esta junta por favor llame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta. La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. 1. CALL TO ORDER. 2. ROLL CALL: Council Members Gerbi, Hudak, McAdam, Smith, Mayor Amabile 3. APPROVAL OF AGENDA. 4. PUBLIC FORUM: Members of the public may address the City Council on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on nonagenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table. 5. APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda will be voted on in one motion unless removed from the calendar by a Council Member.)
A. Minutes for the special meeting of November 17, 2003. Recommendation: Approve the minutes as listed. B. Minutes for the meeting of November 19, 2003. Recommendation: Approve the minutes as listed. C. Check Register for #70921 - #71293 in the amount of $1,394,372.66. Recommendation: Approve the check register as listed. D. 2003 Annual Administrative Report for Development Impact Fees. Recommendation: Accept the report as submitted. E. Resolution No. 4459 Accepting Public Improvements for Mission Estates Units 4 & 5. Recommendation: Adopt the resolution as submitted. F. Progress Payment No. 1 to Garcia Paving for the Madison Yard Pavement Overlay Project. Recommendation: Approve the progress payment as listed. G. Notice of Completion for the Madison Yard Pavement Overlay Project (Garcia Paving Inc.). Recommendation: Accept the notice of completion and authorize the execution and recordation. H. Ratification of Amendment to the Regional Transportation Impact Fee (RTIF) Program. Recommendation: Ratify the amendment to the RTIF. I. Award of Bids. 1) Two (2) 2004 Model Hook Lift Trucks (Public Services) Recommendation: $146,594.00. Award the bid to Fresno Truck Center in the amount of 2) One (1) Refuge Box Attachment with Tarping System (Public Services) Recommendation: Award the bid to McLaughlin Refuge Equipment in the amount of $5,287.37.
3) One (1) Cold Planer (Public Services) Recommendation: Award the bid to Holt of California in the amount of $21,109.10. 4) One (1) Asphalt Patcher Attachment (Public Services) Recommendation: Award the bid to PB Loader Corp. in the amount of $59,728.99. 5) Three (3) 2004 Model Half Ton Pick-up Recommendation: Award the bid to Paradiso Automotive in the amount of $57,733.11. 6. CONSIDERATION OF THE ADOPTION OF ORDINANCE NO. 1006 PROVIDING FOR THE ABATEMENT AND REMOVAL OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES, OR PARTS THEREOF, FROM PUBLIC OR PRIVATE PROPERTY, NOT INCLUDING HIGHWAYS, AS PUBLIC NUISANCES, AND RECOVERY OF COSTS OF ADMINISTRATION AND REMOVAL AS AUTHORIZED BY SECTION 22660 OF THE CALIFORNIA VEHICLE CODE. (Second Reading & Adoption) Recommendation: Adopt the ordinance as listed. 7. PUBLIC HEARING. A. Consideration of the Introduction of Ordinance No. Concerning Revisions to the Los Banos Municipal Code to Regulate the Parking of Recreation Vehicles, Travel Trailers, Equipment Trailers and Similar Vehicles on the Public Right of Way and on Private Property in Residential Areas. (To be continued to January 7, 2004) Recommendation: Open the public hearing and continue to January 7, 2004. 8. ADVISEMENT OF PUBLIC NOTICES. (2 Reports) 9. CITY MANAGER REPORT. 10. M.C.A.G. REPORT. 11. CITY COUNCIL REPORTS. A. Council Member Gerbi B. Council Member McAdam C. Council Member Smith D. Mayor Pro Tem Hudak
E. Mayor Amabile 12. MISCELLANEOUS INFORMATION IN COUNCIL PACKET, NO ACTION NECESSARY. 13. CLOSED SESSION. A. Conference with Legal Counsel Existing Litigation, Pursuant to Subdivision (a) of Section 54956.9 of the Government Code. Name of Case: Ranchwood Corp. vs. City of Los Banos, Merced Superior Court Case No. 144254. B. Conference with Legal Counsel Existing Litigation, Pursuant to Subdivision (a) of Section 54956.9 of the Government Code. Name of Case: Tommy Jones vs. City of Los Banos, et. al. US District Court, Eastern District of California, Court Case No. CIV F-00 6328 REC SMS. C. Conference with Real Property Negotiators; Property: 644 I Street, Parcel Number 025-201-010, consisting of 5,625 square feet; Agency negotiator: Joe H. Sousa & William A. Vaughn; Negotiating parties: City of Los Banos & Educational Recreation Association; Under Negotiation: Purchase Price and Terms of Sale. (Government Code Section 54956.8) D. Conference with Legal Counsel Anticipated Litigation. Significant exposure to litigation pursuant to Government Code subdivision (b) of Section 54956.9: One (1) case Stonecreek Properties. 14. ADJOURNMENT. I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Lucille L. Mallonee, City Clerk Dated this 26 th day of November 2003
CITY OF LOS BANOS CITY COUNCIL MEETING DECEMBER 3, 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 7:15 p.m. ROLL CALL MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Gerbi, Hudak, McAdam, Smith and Mayor Amabile. APPROVAL OF AGENDA: Motion by Smith, seconded by Hudak and carried, the agenda was approved 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. LAUREL CARLE, President of Los Banos Volunteers for Animals, 323 N. Santa Ana, gave an update on how the animal shelter did this year. TERRY ANTONOUCI, Secretary of Los Banos Volunteers for Animals, 112 Clayton Court, reminded everyone that Santa is going to be at Bralin s Critter Corner on Saturday, December 6, 2003, and will take pictures with citizens and their animals. KEITH GRONIGA, Los Banos Chamber of Commerce, reminded everyone of the annual Christmas Parade on December 5, 2003 at 6:00 p.m., and thanked sponsors for their support. Groniga spoke of upcoming events such as a Mixer at Pearson s Jewelers, a ribbon cutting at Los Banos Coffee Roasting Company, and a ribbon cutting for Christa s Pets in the Kmart Shopping Center. MIKE VILLALTA, 763 Texas Avenue, had questions regarding land use for an upcoming apartment complex project in the area behind Los Banos Memorial Hospital. DON GOIN, 534 Ranchwood Drive, commented on Ordinance 1006 regarding abandoned vehicles. ANNE MCCAULEY, 1868 Chapman Drive, began speaking on the R.V. Parking Ordinance, and Mayor Amabile informed her that if she wanted her comments to be on record, she should speak on this issue when the public hearing is opened later in the meeting. SANTA CLAUS, North Pole, came to wish everyone a Merry Christmas, and invite the public to Breakfast with Santa at Fire Station 1 on December 13, 2003. MEGAN GOIN, Los Banos Parks & Recreation Department, stated that Breakfast with Santa will be held from 8 a.m. 11 p.m. and a boutique will be held from 8 a.m. 2 p.m. CHRISTINA FLORES, 1706 Mills Drive, CEO of U.S. Freedom Alliance, stated that all food basket donations will go to one designated area this year, and that is Bethel Church located at 415 I Street. Flores also spoke of the Cops for Kids toy drive. Flores stated that all toy donations should be dropped of at the U.S. Freedom Alliance Office located at 541I Street, or call 829-0562, and the Los Banos Police department located at 945 5 th Street, or call 827-7070. NORM DONOVAN, 112 Tangelo spoke about an annual Hoop Shoot, put on by the Elks, for children ages 8-12 to be held on January 13, 2004, from 10 a.m. 2 p.m. at Henry Miller Elementary School located at 545 L Street. Donovan also reminded everyone that it is scholarship time for the Los Banos Elks, and anyone interested should contact Chairman Becky Ferriera, at 826-0504. CHUCK MARTIN, a representative of the Kwanis Club, informed the public that there is a Christmas Eve dinner for anyone in need, December 24, 2003 11a.m. 3 p.m. at Fire Station 1, and Santa will visit from 12 p.m. 1 p.m. Martin stated that donations are appreciated, but not required. No one else came forward to speak. APPROVAL OF CONSENT AGENDA. On motion by Smith, seconded by Hudak and carried, items on the consent agenda were approved by the affirmative vote of all Council Members present: minutes for the special meeting of November 17, 2003; minutes for the meeting of November 19,
2003; Check Register for #70921 - #71293 in the amount of $1,394,372.66; 2003 Annual Administrative Report for Development Impact Fees; Resolution No. 4459 Accepting Public Improvements for Mission Estates Units 4 & 5; Progress Payment No. 1 to Garcia Paving for the Madison Yard Pavement Overlay Project; Notice of Completion for the Madison Yard Pavement Overlay Project (Garcia Paving Inc.); Ratification of Amendment to the Regional Transportation Impact Fee (RTIF) Program; Award of Bids: two (2) 2004 Model Hook Lift Trucks (Public Services) to Fresno Truck Center in the amount of $146,594.00, one (1) Refuge Box Attachment with Tarping System (Public Services) to to McLaughlin Refuge Equipment in the amount of $5,287.37, one (1) Cold Planer (Public Services) to Holt of California in the amount of $21,109.10, one (1) Asphalt Patcher Attachment (Public Services) to PB Loader Corp. in the amount of $59,728.99, and three (3) 2004 Model Half Ton Pick-up to Paradiso Automotive in the amount of $57,733.11. CONSIDERATION OF THE ADOPTION OF ORDINANCE NO. 1006 PROVIDING FOR THE ABATEMENT AND REMOVAL OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES, OR PARTS THEREOF, FROM PUBLIC OR PRIVATE PROPERTY, NOT INCLUDING HIGHWAYS, AS PUBLIC NUISANCES, AND RECOVERY OF COSTS OF ADMINISTRATION AND REMOVAL AS AUTHORIZED BY SECTION 22660 OF THE CALIFORNIA VEHICLE CODE (SECOND READING & ADOPTION). City Attorney Vaughn stated that this ordinance would help abate any nuisance caused by these describe vehicles. Vaughn stated that council should know there is a typographical error in section 5-1.13 of this ordinance where the word council should be committee. Mayor Amabile stated that the owner(s) of any vehicle(s) in violation has 10 calendar days to abate the situation or request a hearing once a citation is issued. He also stated that the city has authority to remove any vehicle in violation of this ordinance from a property. The public hearing was opened. DEBORAH CRAWFORD, 228 Orange Avenue, stated that there are houses on her block using tarp to cover their abandoned vehicles, and neighbors behind her have vehicles leaking oil in their backyard. Crawford questioned if this ordinance will force the owners of vehicles in violation to completely abate the problem. Mayor Amabile stated that this ordinance would only affect abandoned, wrecked, or dismantled vehicles. He stated that if the vehicle is able to drive, then it would not be in violation of this ordinance. There was councilmember discussion regarding who would be responsible for reporting any abandoned or wrecked vehicles and the fees incurred for removal of these abandoned vehicles. It was stated that abandoned or wrecked vehicles can devalue properties, and are offensive to citizens who take pride in their yards. Mayor Amabile closed the public hearing and thanked everyone who spoke. Motion by McAdam, seconded by Smith to waive the second reading of Ordinance No. 1006, providing for the abatement and removal of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, from public or private property, nit including highways, as public nuisance, and recovery of costs of administration and removal as authorized by Section 22660 of the California Vehicle Code. The motion carried by the affirmative action of all Council Members present. Motion by McAdam, seconded by Smith to adopt Ordinance No. 1006, providing for the abatement and removal of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, from public or private property, nit including highways, as public nuisance, and recovery of costs of administration and removal as authorized by Section 22660 of the California Vehicle Code, and changing the word
council to committee in section 5-1.13 of this ordinance. The motion carried by the following roll call vote: AYES: Gerbi, Hudak, McAdam, Mayor Amabile; ABSENT: None; NOES: None. PUBLIC HEARING Consideration of the Introduction of Ordinance No. Concerning Revisions to the Los Banos Municipal Code to Regulate the Parking of Recreation Vehicles, Travel Trailers, Equipment Trailers and Similar Vehicles on the Public Right of Way and on Private Property in Residential Areas. (To be continued to January 7, 2004) Community Development Director Miller stated that this ordinance prohibits parking of recreational vehicles on a public street. He stated that the planning commission received comments on this item at the last planning commission meeting. The public hearing was opened. ANNE MCCAULEY, 1868 Chapman Drive, expressed concern for recreational vehicles needing to be at least five feet from any property. McCauley stated that she would like to see a grandfather clause of existing conditions for this ordinance. LOREN BURKE, 115 West K Street, requested a copy of this ordinance. There was councilmember discussion on different issues affecting the public with this ordinance. Mayor Amabile stated that anyone wanting to comment on the ordinances discussed tonight should call 827-7000 extension 40, and that all comments left in this mailbox are brought to council and staff for consideration. Motion by McAdam, seconded by Smith to continue item 7A Consideration of the introduction of Ordinance - Concerning Revisions to the Los Banos Municipal Code to Regulate the Parking of Recreation Vehicles, Travel Trailers, Equipment Trailers and Similar Vehicles on the Public Right of Way and on Privat Property in Residential Areas, and the public hearing on this issue to January 7, 2004. ADVISEMENT OF PUBLIC NOTICES. (2 REPORTS) Community Development Director Miller stated that there is a hearing scheduled at the Planning Commission on December 10, 2003, and a hearing before City Council on December 17, 2003 to consider the City of Los Banos Housing Element Update. Miller also stated that there is a continued hearing on Village Greens, a residential project located at the northwest corner of Overland and Nantes, scheduled for December 10, 2003 at the planning commission meeting. CITY MANAGER REPORT. Nothing to report M.C.A.G. REPORT. Mayor Amabile reported that the MCAG meeting is December 18, 20003, and he has not yet received an agenda for that meeting. MEMBERS OF THE CITY COUNCIL REPORTS COUNCIL MEMBER GERBI: Stated that he and Council Member Hudak went to a preconstruction meeting on the rail corridor, and things are moving along well. Gerbi stated he was proud of the Los Banos High School Band, and congratulated them on their recent competition in Fresno. COUNCIL MEMBER McADAM: Urged everyone to take advantage of Breakfast with Santa this year, and stated that he was looking forward to it. He questioned why the archive of city council meetings was not yet available on the city website.
Public Services Director Joe Sousa stated that the city is currently in communication with service providers to get a more professional looking website. Sousa also stated that the city is in the process of trying to house its own hardware, and he projected this to occur in January or February of 2004. Council Member McAdam also commented on permanent concrete signs around town directing people to different housing elements. He stated that he recently witnessed a crew from a commercial company putting a metal sign up. Community Development Director Miller stated that there are provisions in our city on subdivision advertisings of limited number and limited duration. Miller stated that these signs are regulated and permitted, but not from a building structure standpoint. COUNCIL MEMBER SMITH: Expressed appreciation for the many volunteers who donate time in this community to make it what it is. She requested that council set a date for the city firefighters appreciation dinner in January, and the date was then set for January 19, 2004. Smith then stated that she missed the council meeting two weeks ago and asked for a quick update on the Comcast Cable issue. City Manager Rath stated that the upgrade is just about completed, and a new channel line up may include some rate increases. He also stated that the request for Comcast to keep a local office is in our current franchise agreement, and the city will continue to request this. MAYOR PRO TEM HUDAK: Asked that if citizens wish to view the construction of the railroad corridor, they should be careful due to equipment around the area during construction. He then reminded everyone to say thank you to the volunteers around town, and stated that he looks forward to seeing everyone at the Christmas Parade. MAYOR AMABILE: Informed everyone of a new book about our city s founder, Henry Miller, which is available at the Milliken Museum. He then thanked our local veterans, and stated that the local V.F.W. will raise a flag December 7, 2003 at the Miller and Lux building in honor of Pearl Harbor. Mayor Amabile reminded everyone to come meet city staff and council members at the city s annual open house December 17, 2003 at 6 p.m. Mayor Amabile stated that he was recently at Big Page Park to present a plaque, donated by proceeds from a golf tournament, in memory of former Mayor Elmer Austin. He stated that he was proud to be there and honor Elmer for all his service in our community. The Mayor then thanked Joe Sousa for all his efforts in the process. Council member Gerbi stated that he would excuse himself from item C in the closed session due to a conflict of interest. Council member Smith stated that she would excuse herself from item D in the closed session due to a conflict of interest. MISCELLANEOUS INFORMATION IN COUNCIL PACKET, NO ACTION NECESSARY. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION, PURSUANT TO SUBDIVISION (A) OF SECTION 54956.9 OF THE GOVERNMENT CODE. NAME OF CASE: RANCHWOOD CORP. VS. CITY OF LOS BANOS, MERCED SUPERIOR COURT CASE NO. 144254. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION, PURSUANT TO SUBDIVISION (A) OF SECTION 54956.9 OF THE GOVERNMENT CODE. NAME
OF CASE: TOMMY JONES VS. CITY OF LOS BANOS, ET. AL. US DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA, COURT CASE NO. CIV F-00 6328 REC SMS. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS; PROPERTY: 644 I STREET, PARCEL NUMBER 025-201-010, CONSISTING OF 5,625 SQUARE FEET; AGENCY NEGOTIATOR: JOE H. SOUSA & WILLIAM A. VAUGHN; NEGOTIATING PARTIES: CITY OF LOS BANOS & EDUCATIONAL RECREATION ASSOCIATION; UNDER NEGOTIATION: PURCHASE PRICE AND TERMS OF SALE. (GOVERNMENT CODE SECTION 54956.8) CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION. SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SUBDIVISION (B) OF SECTION 54956.9: ONE (1) CASE STONECREEK PROPERTIES. No action was taken on any closed session items. ADJOURNMENT. The meeting was adjourned at the hour of 10:55 p.m. The next City Council Meeting is December 17, 2003. 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: Jana R. Sousa, Deputy City Clerk Michael S. Amabile, Mayor