Trash Cans and Smoke Shops; Resignations and Recruitments; Speed Bumps and Sand in the Water: A Brief Summary of January, 2015

Livingston, California 2/21/2015

The thought was if you’re going through it for recyclables, a penalty of $25 is going to mean a lot to that person. It’s going to be quite a bit of money. City Attorney, City of Livingston, January 06, 2015 City Council Meeting: appx. 32:27,

This is kinda dumb. We will have police doing garbage duty. City Council Member David Mendoza, January o6, City Council Meeting. appx. 37:40

Passing this ordinance does not automatically allow a Smoke Shop to come in. There still has to be a CUP. City Attorney, City of Livingston, City Council Meeting, January 06, 2015 City Council Meeting: appx. 54:47 

A Conditional Use permit can be appealed to the Council and we can dictate some of the items there. Mayor Rodrigo Espinoza, January 06, City Council Meeting. appx. 1:08:07

The following contains a brief summary of a few things that happened in the City of Livingston during the month of January, 2015, Council Agendas for the month of January, and a few links to relevant Sun Star Articles.

Livingston’s police officers and their supervisors started the new year with a 5 percent pay cut; the Resignation of City Manager Jose Antonio Ramirez became final; the City Council called for the Resignation of the Planning Commission’s Chairman, appointed Odilion Ortiz as Interim City Manager, adopted an Ordinance prohibiting trash scavenging and imposing fines, adopted an Ordinance regulating Smoke Shops and Smoking Lounges, discussed speed bumps, approved emergency repairs to Wells 9 and 11, approved a Memorandum of Understanding with the Public Works and Parks Employees Unit, and talked about how hard it seems to be to recruit members for the Recreation Comission.

The RESIGNATION OF CITY MANAGER Jose Antonio Ramirez became final at the end of January. During the January 06th and 20th City Council meeting, he presented a List of Items the City Council would need to address some time in the future:

  • Amending the Watering Ordinance

  • The Repairs needed to be done to the City’s Water Storage Tank

  • Planning Fees Increases

  • Well Deconstruction Fees. The City will have to start issuing Well Deconstruction Permits.

  • Master Plans for Sewer, Water, and Storm Drains need to be updated

  • The 4th of July Committee would like to come under the umbrella of the City

  • Sunvalley Estates and Well #17  improvements

  • Devante Villas project: haven’t heard from them in a while. But sure they will be coming back

  • Kera (?) Fernandez Reimbursement issue: Staff is working with legal council on this issue

  • AB1600 Draft: Final draft is ready. Staff is working with legal council to move foreword with the adoption.

  • Tree Grant: the city still has trees to plant

  • Winton Parkway Development: Mr. Javier Galvan is very interested in moving that project forward with his partners. He mentioned he had a letter from the City from some years ago promising funding for the Winton Parkway street.

  • New WCIII Proposed Fees Schedule as part of the Building Services Department

  • Pipeline from Well #14 to Well #8 currently being designed and going out to bid in early spring.

  • Well #17 CBDG Grant Project.

  • Well #13 Project Design complete and going out to bid in February. (California Department of Public Health Grant)

  • Well #15 Project should either be a grant or a 0% loan

  • Groundwater Levels have dropped and monitoring needs to continue. 35 to 40 foot drop last year. Levels have risen about a foot this year.

  • Self Monitoring for ADA Requirements. As the City has been replacing curbs, gutters, and sidewalks, issues are being addressed.

  • Community Facility District Formation in the Winton Parkway area. Once the Gallo Subdivision takes place, make sure that goes forward. 

  • National Endowment for the Arts Grant has been applied for, in conjunction with the Merced Arts Council: Start a Mural Project in the Down Town, beginning with the City Owned Building next to the Council Chambers.

  • Tax Sharing Agreement with the County has yet to be finalized.

  • Cal Trans Campbell Project Properties: They are trying to come up with the cost of those odd shaped properties so they can tell the City what they want for them.

  • Health Insurance: There had only been 1 response to the Request for Proposals. Council might want to extend the request period.

The City Council Members called for the RESIGNATION OF PLANNING COMMISION Chair Luis Flores on the grounds that his position as Livingston Unified School Board Member was “incompatible” with membership in the Planning Commission. (I must admit, I’m scratching my head a bit on this one. It’s OK to be a member of the Real Estate Profession and be on the Planning Commission. But it’s not OK to be on the School Board and be on the Planning Commission.)

An ANTI-TRASH SCAVENGING ORDINANCE was adopted. The possible fines for those caught digging through other people’s trash would be as follows. First offense: warning. Second offense: $25. Third offense: $50. When asked who would be responsible for issuing Warnings and Citations, the reply was it would be the responsibility of the Police Department to issue citations . (After responding to a phone call from a resident complaining about scavengers)

An ORDINANCE was adopted which allowed SMOKE SHOPS in the Industrial Areas of town; and also in the Downtown Commercial Area with a Conditional Use Permit. During the Council’s discussion, the City Attorney stated that passing this ordinance does not automatically allow a Smokeshop to come in – there would still need to be a CUP and Mayor Espinoza made the point that any CUP granted could be appealed to the City Council. (I’m having a serious case of deja vu here)

Ruby and Emerald streetsWhether or not SPEEDBUMPS were needed in parts of the City was discussed. The Mayor stated he had been getting complaints about speeding vehicles by residents by Ruby and Emerald Streets. Discussion included:

  • What triggers the need for a speed bump

  • What impact would speed bumps have on emergency vehicles.

  • What kinds of speed bumps should be considered.

  • How much do they cost?

  • And perhaps there should be a Speed Survey before going ahead and installing speed bumps.

The City of Livingston and the AFSCME Public Works and Parks Employees Unit, came to a tentative agreement to a one (l) year Memorandum of Understanding, covering the period July 1, 2014 through June 30, 2015 consisting of one (l) furlough per month, freezing 20 hours of vacation cash­ outs effective July 1, 2014 through June 30, 2015 and $75 per month towards medical insurance premiums.

For more details about topics discussed during the January, 2015 City Council Meetings, see below.

JANUARY 06, 2015

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CITY COUNCIL REGULAR MEETING AGENDA

JANUARY 6, 2015

CLOSED SESSION: 6:00 P.M.

OPEN SESSION: 7:00 P.M.

Notice is hereby given that the City Council will hold a Regular Meeting on January 6, 2015, at the City Council Chambers, 1416 C Street, Livingston, California. Persons with disabilities who may need assistance should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection at Livingston City Hall, 1416 C Street. The Open Session will begin at 7:00 p.m. The Closed Session will be held in accordance with state law prior to the Open Session beginning at 6:00 p.m. The Closed Session will be held at the City Council Chambers located at 1416 C Street. The agenda shall be as follows:

Closed Session

1. Call to Order.

2. Roll Call.

CLOSED SESSION

A “Closed” or “Executive” Session of the City Council or the Livingston Redevelopment Agency may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 1416 C Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 1416 C Street, Livingston, California.

1. Public Employee Appointment

(Government Code Section 54957)

Title: Interim City Manager

2. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager

City Manager Recruitment

3. Conference with Real Property Negotiator

(Government Code Section 54956.8)

Property: APN: 024-011-016, Olive Avenue

APN: 023-100-049, Burgundy Drive

Negotiating Party: City Manager

4. Conference with Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented City Employees

Regular Meeting

CALL TO ORDER Next Resolution Number: 2015-1

Next Ordinance Number: 621

Pledge of Allegiance.

Roll Call.

Changes to the Agenda.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

PUBLIC HEARINGS

1. Introduce and Waive the First Reading of an Ordinance Amending the City’s Municipal Code by Adding Chapter 8-8 Prohibiting Unauthorized Entry into Waste Containers.

2. Introduce and Waive the First Reading of Ordinance No.___ of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 5, Zoning Regulations: Sections 5-2-3, 5-2-4, 5-3-15, Tables 3 and 4, and the Addition of Section 5-5-13 under Specific Use Regulations.

CITIZEN COMMENTS

This section of the agenda allows members of the public to address the City Council on any item NOT otherwise on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening. For items which are on the agenda this evening members of the public will be provided an opportunity to address the City Council as each item is brought up for discussion.

CONSENT CALENDAR

Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by the City Manager or City Council Member. There will be no separate discussion of these items unless members of the City Council or City Manager request that specific items be removed.

3. Approval of Minutes of Meeting Held on November 13, 2014.

4. Approval of Minutes of Meeting Held on December 2, 2014.

5. Approval of Warrant Register Dated December 30, 2014.

DISCUSSION AND POTENTIAL ACTION ITEMS

6. Discussion – Installation of Speed Bumps Throughout the City and Related Costs.

ADJOURNMENT

JANUARY 20, 2015

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CITY COUNCIL REGULAR MEETING AGENDA

JANUARY 20, 2015

CLOSED SESSION: 5:45 P.M.

OPEN SESSION: 7:00 P.M.

Notice is hereby given that the City Council will hold a Regular Meeting on January 20, 2015, at the City Council Chambers, 1416 C Street, Livingston, California. Persons with disabilities who may need assistance should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection at Livingston City Hall, 1416 C Street. The Open Session will begin at 7:00 p.m. The Closed Session will be held in accordance with state law prior to the Open Session beginning at 5:45 p.m. The Closed Session will be held at the City Council Chambers located at 1416 C Street. The agenda shall be as follows:

Closed Session

1. Call to Order.

2. Roll Call.

CLOSED SESSION

A “Closed” or “Executive” Session of the City Council or the Livingston Redevelopment Agency may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 1416 C Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 1416 C Street, Livingston, California.

3. Public Employee Appointment

(Government Code Section 54957)

Title: Interim City Manager

4. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager

City Manager Recruitment

5. Conference with Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Unrepresented City Employees

6. Conference with Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiators: City Manager Jose Antonio Ramirez and City Attorney Jose M. Sanchez

Employee Organizations: All Represented City Employees

7. Conference with Legal Counsel – Potential Litigation

(Government Code Section 54956.9(d)(2))

Number of Cases: 1

Regular Meeting

CALL TO ORDER Next Resolution Number: 2015-1

Next Ordinance Number: 623

Pledge of Allegiance.

Roll Call.

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Introduction and Swearing-in of new Police Dispatcher Veronica Bates by Chief Ruben Chavez and City Clerk Tony Silva.

2. Presentation of a plaque by Mayor Rodrigo Espinoza to out-going City Manager Jose Antonio Ramirez in recognition and appreciation for his service, dedication and accomplishments to the City of Livingston.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

CITIZEN COMMENTS

This section of the agenda allows members of the public to address the City Council on any item NOT otherwise on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening. For items which are on the agenda this evening members of the public will be provided an opportunity to address the City Council as each item is brought up for discussion.

CONSENT CALENDAR

Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by the City Manager or City Council Member. There will be no separate discussion of these items unless members of the City Council or City Manager request that specific items be removed.

3. Waive the Second Reading and Adopt Ordinance No. 621, Amending the City’s Municipal Code by Adding Chapter 8-8 Prohibiting Unauthorized Entry into Waste Containers.

4. Waive the Second Reading and Adopt Ordinance No. 622, of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 5, Zoning Regulations: Sections 5-2-3, 5-2-4, 5-3-15, Tables 3 and 4, and the Addition of Section 5-5-13 under Specific Use Regulations.

5. Resolution Approving a One (1) Year Memorandum of Understanding Between the City of Livingston and the AFSCME Public Works and Parks Employees Unit.

6. Approval of Warrant Register Dated January 15, 2015.

DISCUSSION AND POTENTIAL ACTION ITEMS

7. City Council Direction on Appointment of Parks and Recreation Commission Members.

8. City Council Accept and Authorize Sweeper Truck Repairs Quote from Ry-Den Truck Center, Inc.

9. Approve a Supply Capacity of 2,000 gpm for Well No. 17.

10. Approve a Purchase of Sand Filtration Equipment for Wells No. 9 and 11B.

11. Discussion and Possible Action – Potential Incompatibility of Offices by Planning Commissioner Serving as Both a City Planning Commissioner and a Livingston Union School District Board Member.

ADJOURNMENT

And for even more of January’s goings on in the City of Livingston, you can go to the following Sun Star Articles.

Livingston considers banning trash scavengers – People rummaging through trash every night is a rude awakening to some residents, and now Livingston city leaders are now considering a law to ban people from digging through trash for recyclables and other materials.

Livingston council OKs trash scavenger ban and smoke shops – Despite one council member calling it “dumb” and “ridiculous,” an ordinance that penalizes people for rummaging through other people’s trash is one step closer to becoming law

New AutoZone opens in Livingston, fuels city’s future growth plans – The city’s motto may be “The Last Stop,” but city leaders are pushing to make Livingston the first stop for business growth, starting with a new AutoZone store that opened its doors this week

Livingston planning commissioner might be removed; officials cite conflict of interest The Livingston City Council on Tuesday discussed ousting a planning commissioner because of a potential conflict of interest with his elected seat on the city’s school board

Sikh bonfire festival in Livingston marks end of winter

Bird flu found at Foster Farms turkey ranch in California – THE ASSOCIATED PRESS – 01/25/2015 – The Merced Sun Star – Hundreds of turkeys at a Central California ranch are being killed to prevent the spread of a type of avian flu that is not a threat to people but can decimate poultry flocks

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