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CITY OF HUGHSON CITY COUNCIL MEETING City Hall Council Chambers 7018 Pine Street, Hughson, CA MINUTES MONDAY, SEPTEMBER 10, 2012-7:00 P.M. CALL TO ORDER: ROLL CALL: Present: Absent: Staff Present: FLAG SALUTE: INVOCATION: Mayor Pro Tem Matt Beekman Councilmember Jill Silva Councilmember George Carr Councilmember Jeramy Young Bryan Whitemyer, City Manager Dan Schroeder, City Attorney Darin Gharat, Chief of Police Services Thom Clark, Community Development Director Sam Rush, PublicWorks Superintendent Lisa Whiteside, Finance Manager Hughson Ministerial Association 1 PUBLIC BUSINESS FROM THE FLOOR (No Action Can Be Taken): No Public Comments. 2. PRESENTATIONS: None. CONSENT CALENDAR: All items listed on the Consent Calendar are to be acted upon by a single action of the City Council unless otherwise requested by an individual Councilmember for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

3.1: Approval of the August 27, 2012 Regular City Council Minutes. 3.2: Approval of the Warrants. Beekman/Carr 4-0-0-1 (Young-Absent) motion passes to approve the Consent Calendar. 4. UNFINISHED BUSINESS: None. 5. PUBLIC HEARING TO CONSIDER THE FOLLOWING: 5.1: Introduction and waiving of the first reading of Ordinance No. 2012-01. an Ordinance of the City Council of the City of Hughson Amending the Development Agreement By and Between the City of Hughson and Andrew F. Fontana, George Harcrow, and HFR Partners, LLC Relating to the Development Known as Fontana Ranch Estates North. Attorney Schroeder asked for a short recess while Staff confirmed if Mayor Bawanan and Councilmember Carr have conflicts of interests, as both may live within 500 feet of the park area being discussed. Mayor Bawanan reconvened the meeting when Staff returned. Councilmember Carr excused himself from the meeting, announcing that he had a conflict of interest as his residence was located within 500 feet of the park area. Staff confirmed that Mayor Bawanan did not have a conflict of interest. Director Clark presented this Item to Council. He explained that the development of this park will increase the maintenance staff time and costs. Director Clark also discussed some possible security issues this park may create and advised the Council that the park is not in the City's best interests at this time. HFR Partners, LLC, agreed to buy the property back from the City and has split the area into two separate lots for housing. A site plan was included in the staff report for Council to review. The Council deliberated on this item. Mayor Bawanan opened the public hearing at 7:25pm. Ms. Martha Vasquez a resident of Hughson shared her concerns with the Council about the City needing more parks. She asked the Council to not give the land back to the Developer.

Mr. Ed Hobaugh of HFR Partners, LLC, explained to the Council the background and history of the Development Agreement and the parks that were built in the Fontana Ranch subdivisions. No other comments were made and Mayor Bawanan closed the public hearing at 7:31pm. City Manager Whitemyer discussed this item with the Council and provided additional information in support of this item. Councilmember Silva and Mayor Pro Tem Beekman spoke in support of this item. Silva/Beekman 3-0-1-1 (Carr-Abstained/Young-Absent) motion passes to Introduce and waive the first reading of Ordinance No. 2012-01, Amending the Development Agreement By and Between the City of Hughson and Andrew F. Fontana, George Harcrow, and HFR Partners, LLC Relating to the Development Known as Fontana Ranch Estates North. Councilmember Carr returned to his seat for the remainder of the meeting. 5.2: Adoption of Resolution No. 2012-41, Approving the Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2011-2012 for the Stanislaus County Community Development Block Grant (CDBG) Consortium. Director Clark presented a PowerPoint presentation to the Council. Mayor Bawanan opened the Public Hearing at 7:42pm and with no comments made, Mayor Bawanan closed the hearing at 7:42pm. Silva/Carr 4-0-0-1 (Young-Absent) motion passes to adopt Resolution No. 2012-41, Approving the Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2011-2012 for the Stanislaus County Community Development Block Grant (CDBG) Consortium. 5.3: Adoption of Resolution No. 2012-42, rescinding Resolution No. 2010-36 and adopting an Amended Conflict of Interest Code for Designated Positions. City Manager Whitemyer discussed this item with the Council. Attorney Schroeder recommended adding the RDA Successor Agency Oversight Board to the Conflict of Interest Code. Staff will revise the Item to include it. Mayor Bawanan opened the Public Hearing at 7:45pm and with no comments made. Mayor Bawanan closed the hearing at 7:45pm.

Silva/Carr 4-0-0-1 (Young-Absent) motion passes to adopt Resolution No. 2012-42, rescinding Resolution No. 2010-36 and adopting the Amended Conflict of Interest Code for Designated Positions as amended. 6. NEW BUSINESS: 6.1: Consider Resolution No. 2012-43. A Resolution of the City Council of the City of Hughson Adopting Commercial Design Guidelines. Director Clark provided a PowerPoint presentation on this Item. Beekman/Silva 4-0-0-1 (Young-Absent) motion passes to adopt Resolution No. 2012-43, Adopting Commercial Design Guidelines. 7. CORRESPONDENCE: None. 8 COMMENTS: 8.1: Staff Reports and Comments: (Information Only - No Action) City Manager: Provided an update of the Water Tower Painting, reminded Council about the Harvest Festival, and advised Council he will provide an update on the Goals and Objectives at the next meeting. City Clerk: Community Development Director: Director of Finance: Police Services: City Attorney: 8.2: Council Comments: (Information Only - No Action) Councilmember Carr reminded Council that the Children's Health Festival that will be at the Harvest Festival. Mayor Pro Tem Beekman updated the Council on his attendance at the Chamber of Commerce meeting and that he was appointed to the awards committee on Cal LAFCo. 8.3: Mayor's Comments: (Information Only - No Action)

Mayor Bawanan said that the City looks great and he thanked the Staff for their work. He updated the Council on the next Mayor's Meeting, and that he and Mayor Pro Tem Beekman will be at the Harvest Festival together, as they will be judging the vendor booths. 9. CLOSED SESSION TO DISCUSS THE FOLLOWING: None. 10. REPORT FROM CLOSED SESSION: None. ADJOURNMENT: Mayor Bawanan adjourned the meeting at 8:00pm. BAWANAN, Mayor Q DOMINIQUE SPINALE, Deputy City Clerk