City Council Meeting

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES DECEMBER 7, 2016 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 7:00 p.m. PLEDGE OF ALLEGIANCE: American Legion Post 166 and VFW Post 2487 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, Assistant City Clerk/HR Technician Sousa, Police Chief Brizzee, Finance Director Williams, City Treasurer/Accountant I Brazil, Fire Chief Marrison, Senior Planner Elms, Public Works Director/City Engineer Fachin and Information Technology Director Spalding. CONSIDERATION OF APPROVAL OF AGENDA: Motion by Faria, seconded by Silveira to approve the City Council Meeting agenda as submitted. The motion carried by the affirmative action of all City Council Members present. CONSIDERATION OF CERTIFICATION OF VOTE OF MUNICIPAL ELECTION, NOVEMBER 8, 2016. Motion by Stonegrove, seconded by Lewis to adopt Resolution No. 5805 – Certifying Results of the Merced County General Election held in the City of Los Banos on November 8, 2016 as it Pertains to the Election of the Mayor and City Council Members for Districts 1 and 4. The motion carried by the affirmative action of all City Council Members present. ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIALS: Assistant City Clerk/Human Resources Technician Sousa administered the oath of office to Mayor Villalta, City Council Member Lewis and City Council Member Johnson-Santos. ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Tom Faria, Daronica Johnson-Santos, Deborah Lewis, Scott Silveira, Mayor Michael Villalta; Absent: None. RESOLUTION OF COMMENDATION TO OUTGOING COUNCIL MEMBER. Motion by Faria, seconded by Silveira to adopt Resolution No. 5806 – A Resolution of Commendation to Elizabeth Stonegrove. The motion carried by the affirmative action of all City Council Members present. Mayor Villalta presented the Resolution to Elizabeth Stonegrove in recognition of her service to the citizens of Los Banos. The motion carried by the affirmative action of all City Council Members present. REORGANIZATION OF CITY COUNCIL – SELECTION OF MAYOR PRO TEM. Motion by Villalta, seconded by Faria to appoint Council Member Silveira to serve as Mayor Pro Tem. 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. JIM VALENTINE, Los Banos, spoke about the Christmas Eve Dinner being held at the Los Banos Fire Station from 11:00 a.m. – 2:00 p.m. and hosted by the Kiwanis Club, the club can always use more funds so if anyone would like to donate please contact him, thanked Chief Marrison for the use of the Fire Station, this is the 34th year of the event, If anyone would like to volunteer that day just show up at the Fire Station around 10:00 a.m., we are preparing food for 950 people, wished the Council and City staff a Merry Christmas; JOE COX, Los Banos, spoke about the day Pearl Harbor was attacked and his personal experience on that day, how it was a pleasure for him to serve the United States of America, encouraged others to take a look at history and see what the citizens did during World War II and find out how they really did to lead this country to victory; BERTHA FARIA, Los Banos Chamber of Commerce, spoke about how the holiday season was kicked off with the 30 plus year old Christmas Parade last Friday, thanked Chair Person Gene and his committee for their work on the event as well as the City of Los Banos and their employees that assisted during the event and the residents who attended, next year’s parade will be held on Friday, December 1, 2017, the Chamber is happy to welcome Firebaugh Travel Plaza and Peace at Home Caregivers for their membership, there will be a celebratory ribbon cutting for Firebaugh Travel Center at 11:30 a.m. on Tuesday, December 13th and a ribbon cutting for Gladys’ Barber Shop on Wednesday, December 21st at 1:00 p.m. Chamber member, Alex Dvorkin will offer individual taxation workshops at the Community Center on December 10 th with a $10 registration fee per workshop, the Los Banos High School Choir will perform their annual winter concert on December 13th at 7:30 p.m. in the Multi-Purpose room, on December 14th, Creekside Junior High School will hold their winter concert at 7:30 p.m. in their Multi-Purpose room, on Thursday, December 15th, the Golden Agers will hold a Christmas Dinner hosted by Save Mart, don’t forget to purchase raffle tickets for the Los Banos Ag Boosters $1,000 shopping spree, wished the Council and City staff a very Merry Christmas and a joyous New Year; ERIK LIMON, Republic Services, announced that due to the holidays being observed on December 26, 2016 and January 2, 2017 trash services will be delayed by one day, he has been seeing a lot of trash carts left out on the street and asked everyone to please place them behind the fence. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested to pull consent agenda item I – City Council Resolution No. 5812 – Acceptance of the Donation from Los Banos Memorial Hospital and Amending the 2016-2017 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $7,000. Motion by Silveira, seconded by Faria to approve the consent agenda as follows: Check Register for #201921 - #202175 in the Amount of $1,267,346.37; Development Impact Fees Report for Fiscal Years 2012-2016 (AB 1600); Minutes for the November 2, 2016 City Council Meeting; City Council Resolution No. 5807 – Approving First Amendment to Amended and Restated Property Tax Sharing Agreement between the City of Los Banos and County of Merced; City Council Resolution No. 5808 – Supporting and Implementing Timely Use of Congestion Mitigation and Air Quality (CMAQ) Grant Funding; City Council Resolution No. 5809 – Accepting the Mercey Springs Sewer Line Replacement as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No. 5810 – Accepting the West I Street Water Line as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No. 5811 – Accepting the Jo-Lin Sewer Lift Station Rehabilitation Project Improvements as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No. 5812 – Acceptance of the Donation from Los Banos Memorial Hospital and Amending the 2016-2017 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $7,000; City Council Resolution No. 5813 – Adopting a Revised Budget for the 2016-2017 Fiscal Year as it Pertains to Expenditures in the City Hall Impact Fee Fund in the Amount of $20,000; City Council Resolution No. 5814 – Adopting a Revised Budget for the 2016-2017 Fiscal Year as it Pertains to Expenditures in the California Department of Housing and Community Development (CDBG) Fund in the Amount of $339; City Council Resolution No. 5815 – Approving, Authorizing and Ratifying the City’s Participation in the Homeland Security Grant Program and Authorizing the City Manager on Behalf of the City of Los Banos to Enter into the Standard Grand Assurance Agreement with Cal- OES and a Sub-Recipient Agreement with the County of Merced; City Council Resolution No. 5817 – Approving and Adopting Final Tract Map #2013-01 for Harvest Grove and Accompanying Subdivision Improvement Agreement. The motion carried by the affirmative action of all City Council Members present. Council Member Lewis stated she requested to pull the item because she is concerned that the revenue might be in conflict with the City of Los Banos. City Attorney Vaughn explained that this is a donation the City applied for and when the Council votes on a donation it should be doing so because it is in the best interest for the City. A cash donation in this case is not a detriment to the City as there are no strings attached. Motion by Lewis, seconded by Faria to adopt City Council Resolution No. 5812 – Acceptance of the Donation from Los Banos Memorial Hospital and Amending the 2016-2017 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $7,000. PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF AMENDING ARTICLE 35, TITLE 9, CHAPTER 3 OF THE LOS BANOS MUNICIPAL CODE TO REGULATE THE PERSONAL, MEDICAL AND COMMERCIAL USE OF MARIJUANA IN THE CITY OF LOS BANOS. City Attorney Vaughn and Police Chief Brizzee presented the staff report which included PowerPoint slides. Council Member Faria inquired as to how taxation would work and whether or not Marijuana and Marijuana products would be allowed to be purchased with ATM cards since it is still illegal on the Federal level. City Attorney Vaughn stated that it is illegal on the Federal level and that he did not know how taxes would be collected thus far. Council Member Johnson-Santos asked if this Ordinance is adopted and the City wanted to make a change to the Ordinance would there be a certain amount of time that needed to go by before the revised Ordinance can be reintroduced. City Attorney Vaughn answered by stating that it would be at the City’s discretion. Council Member Lewis inquired as to how personal use on personal property would not be regulated under this ordinance. City Attorney Vaughn stated that if someone chooses to smoke or ingest Marijuana, for example, in their own back yard, there is nothing in the passed California law that speaks to it being a criminal offense; it could become a nuisance issue if it was a continuous bother or health hazard to neighbors and that person could eventually be cited. Mayor Villalta inquired as to what would happen regarding indoor grows in the case of a rental property and if the owner of the home would have to sign off on a permit. Police Chief Brizzee stated that the owner would have to sign off on request for a permit of that type. Council Member Lewis stated she thought there were some cities in Colorado that had the option of becoming a dry City meaning they did not allow marijuana use or sales. Police Chief Brizzee stated that there are some Cities in Colorado that in hindsight wish they had taken another stance in the beginning. Mayor Pro Tem Silveira stated he believes that if you ban all commercial uses then you are not eligible for any funding and asked if that was correct. City Attorney Vaughn confirmed that the idea is to use the available funding to deal with the negative aspects and if you’re not allowing it you aren’t dealing with negative aspects. Mayor Villalta opened the public hearing. MATTHEW ERSKINE, Dos Palos, thanked the Council for everything they do for the City and the County and he totally respects the decision that they are trying to make but believes they are operating in the void, believes there are plenty of examples of businesses that are operating at high standards and are being inspected regularly, Council is saying you can grow it and consume it but you can’t buy it here, if he doesn’t wish to cultivate because he has children at home then he would have to drive many miles to get it, his main concern is the sales, if the people are not able to obtain marijuana in a safe environment then it’s just being put on the black market and it isn’t going to go away, the crimes will be committed either way, if the City allows someone to set up shop and handle things correctly that might eliminate the criminal transactions on the street, for example, if a person who wants to partake in Marijuana because of a medical condition they will have to drive very far to obtain it, there are people who really need it and there is a demand for it in the community, the Ordinance touched on several things such as the size of the growing site and the height of the ceilings and it is restricting, he looks forward to speaking on this issue again and will be back at the next meeting. KAYCEE CUESTA, Los Banos, claims she did not vote for Proposition 64 and is not ashamed she uses cannabis, but she cannot grow it in her home because she has children, the plants she can grow in her home are not as strong as she needs for the pain caused by her endometriosis and cysts on her ovaries, she’s still going to have to continue to drive far to obtain the cannabis, you cannot have a medical Marijuana card and obtain a firearm, believes that the citizens are being punished because of criminals; DAVID DEES, Los Banos, said he’s surprised that he is talking about this subject, the comparisons made for crimes involving Marijuana did not compare against the crimes involving alcohol, pointed out that most of the incidents in Colorado that were presented in the presentation occurred in Denver, which is a large city, believes there is a substantial difference between crimes committed involving Marijuana and crimes committed involving alcohol, suggested that maybe the City could educate people with a website on how to grow Marijuana in their homes, imagine we have a registry and people put their names in and register and that list accidentally gets released, that could be a stigma for future employment or other things and could be considered an invasion of privacy, potential exposure of information is a concern and he wants to know what has been done for that, says he’s a licensed private investigator and cannot smoke Marijuana anyway, but is concerned for the community. City Attorney Vaughn stated he believes the registry would be a public record and is something the City cannot keep private, there are other cities that are much stricter on their regulations including inspection of private homes with regards to indoor grows. We are in uncharted territory with this newly passed law. No one else came forward to speak and Mayor Villalta closed the public hearing. Council Member Lewis stated she wants to ensure that the Proposition still covers employers who want to drug test their employees for pre-employment or at random. City Attorney Vaughn spoke about how the law does still allow employers to continue drug testing their employees per their existing policies. Council Member Johnson-Santos inquired if there is a way to regulate how many dispensaries would be allowed in town if the Ordinance was not adopted. City Attorney Vaughn stated the City could still determine what zoning area the buildings could be located in and how many were allowed in an area, not knowing how big of a demand there is and not knowing Council’s decision regarding this issue caused it to be difficult to craft the Ordinance. Mayor Pro Tem Silveira stated that in fact it was 57.1 percent of California voters passed the proposition and 42.9 voted against it, he wanted to be sure that his understanding was correct that the 28.5 grams is regulated by Proposition 64. City Attorney Vaughn confirmed that that is correct. Mayor Pro Tem Silveira stated that he has had some folks send him information on what other cities are doing, he is really concerned about the registry, we don’t have the capability to enforce that and staff is going to have to spend time ensuring whether or not the person owns the home, the law passed and we have to live with it, he understands that this is a living and breathing document but many people have contacted him with concerns that this is being pushed to the black market, he believes parents need to take some responsibility and teach their children to not go into someone’s backyard and steal their Marijuana, if he could waive a magic wand he would be doing things such as requiring surveillance, requiring security guards for people leaving and entering the facility and regulating the businesses, suggested maybe allowing one commercial location per census track but isn’t sure as to the legality of that, he doesn’t believe cultivation should occur in town, if the business can have their product shipped in it should be treated like any other business, if you completely ban all of the commercial activities then you are not eligible for any funds that may help the City, this is something new and he understands that something needs to be done, doesn’t want to just do nothing and allow the State to regulate it, believes the City should allow one or two dispensaries and treat it just like cigarettes and/or alcohol, understands that it contributes to crimes but people are already doing it and he is not ready to take away people’s rights, understands the frustrations with neighbors in regards to the smell and having people jumping your fence, if you’re going to have a business then we’re going to lay out a strict set of rules and regulate as we see fit. Motion by Lewis, seconded by Faria to waive the first reading of Ordinance No. 1152 – Amending Article 35, of Title 9, Chapter 3 of the Los Banos Municipal Code to Regulate the Personal, Medical, and Commercial Use of Marijuana in the City of Los Banos. The motion carried by the affirmative action of all City Council Members present. AYES: Faria, Johnson-Santos, Lewis, Villalta; NOES: Silveira. Motion by Lewis, seconded by Faria to introduce Ordinance No. 1152 – Amending Article 35, of Title 9, Chapter 3 of the Los Banos Municipal Code to Regulate the Personal, Medical, and Commercial Use of Marijuana in the City of Los Banos. The motion carried by the affirmative action of all City Council Members present. AYES: Faria, Johnson-Santos, Lewis, Villalta; NOES: Silveira. CONSIDERATION OF ORDINANCE NO. 1151 – AMENDING TITLE 2 CHAPTER 2 OF THE LOS BANOS MUNICIPAL CODE TO CHANGE THE MEETING DATES AND TIMES OF THE LOS BANOS PARKS & RECREATION COMMISSION AND THE LOS BANOS ECONOMIC DEVELOPMENT COMMISSION. City Manager Terrazas presented the report. Motion by Lewis, seconded by Faria to waive the second reading of Ordinance No. 1151 – Amending Title 2 Chapter 2 of the Los Banos Municipal Code to Change the Meeting Dates and Times of the Los Banos Parks & Recreation Commission and the Los Banos Economic Development Commission. The motion carried by the affirmative action of all City Council Members present. AYES: Faria, Johnson-Santos, Lewis, Silveira, Villalta; NOES: None. Motion by Lewis, seconded by Faria to adopt Ordinance No. 1151 – Amending Title 2 Chapter 2 of the Los Banos Municipal Code to Change the Meeting Dates and Times of the Los Banos Parks & Recreation Commission and the Los Banos Economic Development Commission. The motion carried by the affirmative action of all City Council Members present. AYES: Faria, Johnson-Santos, Lewis, Silveira, Villalta; NOES: None. CONSIDERATION OF THE ADOPTION OF CITY COUNCIL RESOLUTION NO. 5816 – AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH OPENCOUNTER ENTERPRISES, INC. TO BUILD, DEPLOY, AND MAINTAIN A CUSTOM ONLINE INTERFACE FOR ZONING AND BUISNESS LICENSE FEE INFORMATION AND ADOPTING A REVISED BUDGET FOR THE 2016-2017 FISCAL YEAR AS IT PERTAINS TO EXPENDITURES IN THE AMOUNT OF $15,000. City Manager Terrazas introduced Peter Koht, the Co-founder of OpenCounter, who presented the report. Mayor Pro Tem Silveira inquired as to if the system would give someone the cost of opening up a business and what permits they would need even if they didn’t have a set business plan. Peter Koht stated a bonus to the permit fee program would be the site selection program that would allow prospective business owners to see available sites for their potential business, the fee calculator only works on what the applicant provides and that they can only work with the information provided, that the system would more than likely inform the applicant of what permits were needed. Council Member Johnson-Santos inquired as to whether or not she heard correctly that the program would be able recommend the popularity of a certain type of business in a particular area. Peter Koht answered no stating the system does not have that function but it can show the utilization of specific permits and where those particular locations are and also the metadata around the businesses including the number of employees they have and who is parking where in the area. City Manager Terrazas stated that for the person submitting the business idea and wanting more information, there is a tool that allows staff to login and see that information and then contact the applicant to assist them with their needs. Senior Planner Elms stated she is very excited to have this option and this system will put them ahead of the curve, this will provide information to the members of the public who maybe don’t have time to come to City Hall and ask the question and will make it easier for the public to navigate themselves and do what they need to with regards to opening businesses. Council Member Faria stated that he believes this system will save staff a lot of time answering questions and will also be user friendly to those people who like to use their personal electronics to take care of business, believes this will keep the City ahead of the curve and is pleased to see the potential in the system. Council Member Lewis stated this sounds like a wonderful program for businesses and streamlines the paperwork process and opens the door for more businesses to come to Los Banos. Mayor ProTem Silveira inquired as to how difficult it would be to offer a training to staff or local developers that will use the system a lot, the system is only as good as the people who use it, also inquired as to if this is a teachable program. Peter Koht stated that City staff will train his staff based on the information it wants to see in the system and that his staff will also assist with integration into the City’s current programs. Mayor Pro-Tem Silveira stated that he was thinking more along the lines of training the public to use the system. Motion by Faria, seconded by Silveira to adopt Resolution No. 5816 – Authorizing the City Manager to execute a contract with OpenCounter Enterprises, Inc. to build, deploy, and maintain a custom online interface for zoning and business license fee information and adopting a revised budget for the 2016-2017 fiscal year as it pertains to expenditures in the amount of $15,000. The motion carried by the affirmative action of all City Council Members present. CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, DECEMBER 21, 2016 DUE TO THE HOLIDAY SEASON. Motion by Lewis, seconded by Faria to cancel the December 21, 2016 Regular City Council Meeting. The motion carried by the affirmative action of all City Council Members present. APPOINTMENT OF COUNCIL MEMBER(S) TO SERVE WITH THE MAYOR ON THE SELECTION COMMITTEE FOR THE FOLLOWING: Motion by Mayor Villalta, seconded by Silveira to appoint Council Member Faria to serve on the selection committee for the Airport Advisory Commission. The motion carried by the affirmative action of all City Council Members present. Motion by Mayor Villalta, seconded by Silveira to appoint Council Member Johnson- Santos to serve on the selection committee for the Economic Development Advisory Commission. The motion carried by the affirmative action of all City Council Members present. Motion by Villalta, seconded by Silveira to appoint Council Member Lewis to serve on the selection committee for the Parks & Recreation Commission. The motion carried by the affirmative action of all City Council Members present. Motion by Villalta, seconded by Silveira to appoint Silveira to serve on the selection committee for the Planning Commission. The motion carried by the affirmative action of all City Council Members present. Motion by Villalta, seconded by Silveira to appoint Council Member Faria to serve on the selection committee for the Tree Commission. The motion carried by the affirmative action of all City Council Members present. ADVISEMENT OF PUBLIC NOTICES (One Report). Senior Planner Elms reported there will be a public hearing on Tuesday, December 13, 2016 at 7:00 p.m. in the Council Chambers regarding the granting of a Type 47 License for Tacos Campesinos Restaurant located at 651 I Street. CITY MANAGER REPORT. Stated he had the pleasure of riding on the fire truck in the Christmas Parade and that it was fun; had breakfast with Santa at the recreation center which was also fun; thanked City staff for setting up tonight’s Holiday Open House; thanked the Veterans and the Veterans Organizations for setting up the American Flags around town. CITY COUNCIL MEMBER REPORTS. TOM FARIA: Thanked Council Member Stonegrove for her service, spoke about how in 2014 it was the first time the Council had been unchanged after an election and it’s been a great honor to serve with them; welcomed Council Member Johnson-Santos and looks forward to working with her; spoke about today being Pearl Harbor Day and talked about how it defined the twentieth century, his father was a part of World War II and he heard many stories from him; the Christmas Parade was fun and thanked everyone for coming out, thanked Santa Claus for hanging in there at the Christmas Parade even though he did not feel well; the High School Band concert was tonight, the Los Banos High School Choir will perform on Tuesday and Creekside Junior High Choir will perform next Wednesday; wished everyone a safe and Merry Christmas and Happy New Year. DARONICA JOHNSON-SANTOS: Thanked Council Member Stonegrove and stated that she’s left some big shoes to fill; thanked the Council and staff for welcoming her with open arms; wished everyone a happy holiday. DEBORAH LEWIS: Thanked Council Member Stonegrove for her service and spoke about how she did a wonderful job with the youth in the community and graffiti abatement; congratulated Council Member Johnson-Santos on her election and again welcomed her to the Council team; thanked everyone in District 4 who voted for her and stated she will do her best to serve them well; enjoyed Breakfast with Santa and seeing all the delighted children who attended; wished everyone a Merry Christmas and a safe New Year and reminded parents to always know where their kids are and that they’re safe. SCOTT SILVEIRA: Commended the Chamber of Commerce for a very well-run Christmas Parade, the parade was on a steady pace and it moved along well, thanked Chief Marrison as the fire truck was highly decorated; it was nice to catch up with the Fire Department at their Christmas Dinner; congratulated the City’s 2016 Employee of the Year, Officer Kristifer Hew; reminded everyone about the Kiwanis Christmas Eve Dinner; welcomed Council Member Johnson-Santos and looks forward to working with her; congratulated and thanked Council Member Stonegrove for her service, stated they didn’t agree on a lot of things, but he always appreciated her passion and has the utmost respect for her; wished everyone a Merry Christmas and Happy New Year. MAYOR MICHAEL VILLALTA: Welcomed Council Member Johnson-Santos and was impressed with the meeting they had the other day; wished Council Member Faria a happy birthday; stated that Council Member Stonegrove was a great Council Member and did a lot of work with the youth through the graffiti abatement; thanked her so much for her service the last eight years; stated he was very impressed with the incident report in regards to the Employee of the Year, Officer Kristifer Hew, and thanked him for everything he does for the City; thanked the staff for the decorations and treats tonight and stated it’s a joy to work with the City employees and how they are always helpful and hand out information freely; there were great cooks at the Fire Department; the fire engine looked fantastic at the Christmas Parade and asked the Fire Chief to please thank whoever was responsible for that, the parade was very well organized and was glad we are able to co-sponsor the events and help lessen the cost for the organization; said they are working on a permanent City ordinance that will allow for more activities in Los Banos; talked about the downtown business open house last night and said the merchants were spectacular, there were about ten stores that opened up and people had a great time visiting with each other; Breakfast with Santa was great and about 500 people were served, the Parks & Recreation staff was very efficient and they never ran out of food; talked about how the Measure V (the ½ cent sales tax for transportation) passed and now we have to figure out how to administer it, there will be a public workshop coming up and they are shooting for January, extended an open invitation to all cities in Merced County to come and hear about the Measure; there is a problem with crossing at Eleventh Street and Pacheco Boulevard and it is a dangerous situation, the City Manager, Police Chief, Public Works and the School District have all worked together to get CalTrans to study the intersection, nobody is backing off on the safety of the students and will not until we are provided with answers from CalTrans as to what they are going to do for the area. CLOSED SESSION – CONFERENCE WITH REAL PROPERTY NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8; PROPERTY LOCATED AT 1111 G STREET, LOS BANOS, CALIFORNIA, (APN 026-161-003, 026-161-008 (PORTION)), APPROXIMATELY 6.04 ACRES; CITY NEGOTIATORS: CITY MANAGER TERRAZAS, CITY ATTORNEY VAUGHN, FINANCE DIRECTOR WILLIAMS, POLICE CHIEF BRIZZEE; NEGOTIATING PARTIES: SAM WATSON; UNDER NEGOTIATION: PURCHASE PRICE AND TERMS OF SALE. No action taken. ADJOURNMENT. The meeting was adjourned at 10:34 p.m. APPROVED: /s/ Michael Villalta__________ Michael Villalta, Mayor ATTEST: /s/ Jana R. Sousa________________ Jana R. Sousa, Assistant City Clerk