JULY 5, 2011 Draft Minutes

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

JULY 5, 2011

A Closed Session/Regular Meeting of the Livingston City Council was held on July 5, 2011, in the City Council Chambers with Mayor Espinoza presiding.

CLOSED SESSION

CALL TO ORDER

Mayor Espinoza opened the meeting at 6:31 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Margarita Aguilar

Council Member Frank Vierra

Council Member Theresa Land

Council Member Gurpal Samra

Mayor Espinoza opened the meeting for public comments. There were no public comments.

The City Council subsequently adjourned to the City Hall Conference Room for Closed Session to discuss the following matter:

Public Employee Appointment

(Government Code Section 54957)

Title: Interim City Manager

CLOSED SESSION ANNOUNCEMENTS

City Attorney Sanchez reported that Interim City Manager Vickie Lewis had agreed to continue working with the City to assist in the transition of the new City Manager.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Departmental Presentation – Jacquie Benoit, Recreation Superintendent provided a slide presentation on the Recreation Department programs. Mayor Espinoza thanked her for her efforts. Council Member Samra thanked Mrs. Benoit and commended her staff for their efforts as well. Mayor Pro-Tem Aguilar requested the slide presentation be posted on Channel 2.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

There was no one in attendance to report on behalf of Supervisor Pedrozo.

City Staff Announcements and Reports.

Interim Police Chief Soria gave an overview of the 4th of July event. He noted that the day went well and the only issue was the heat. There were no problems to report. Mayor Espinoza thanked the Police, Fire and Public Works staff for their assistance with the events.

Interim City Manager Announcements and Reports.

Interim City Manager Lewis addressed concerns raised at the last meeting regarding the City budget. Ms. Lewis reported that nothing but a balanced budget had ever been brought forward to the City Council for approval. In addition, Ms. Lewis reported it was not uncommon for a final budget to be presented to the City Council for approval in late August or even early October. She stated that she was confident that the timeline for this year’s budget is in line with previous years.

City Council Members’ Announcements and Reports.

Council Member Samra thanked the 4th of July Committee and requested a Certificate of Appreciation be presented to each of the committee members.

Mayor Pro-Tem Aguilar also thanked the committee and all of the City Staff that participated. Mayor Pro-Tem Aguilar noted the community worked well together. The committee will continue to maintain its website and will be taking comments and suggestions for next year’s event.

Council Member Land thanked each of the eleven members of the 4th of July Committee by name. In addition she thanked all the donors and City Staff for their contributions.

Council Member Vierra asked if anyone knew when the dedication of Peach Avenue was to take place. Interim City Manager Lewis indicated the dedication could not take place until the project was accepted by the City. She reported she received an update from City Engineer Gottiparthy earlier that day, and the City was not prepared to accept the project at this time, as there were items to be repaired or completed.

Mayor’s Announcements and Reports

Mayor Espinoza thanked the 4th of July Committee and City Staff that was responsible for the event. Mayor Espinoza also thanked Interim City Manager Lewis for agreeing to stay in her current position a while longer to assist with the transition of the new City Manager. Mayor Espinoza reported the next Multicultural Festival would be held August 28th. He noted this would be the sixth year of the event and encouraged the community to come out and enjoy it.

PUBLIC HEARINGS

2. Proceedings under the 1972 Landscape and Lighting Act, California Streets and Highways Code 22500, et. seq., for the Approval to Levy Annual Assessments for the Citywide Consolidated Landscape Maintenance Assessment District No. 1, Confirming Assessments for Fiscal Year 2011/2012.

Interim City Manager Lewis introduced Willdan Representative, Jim Malberg. Mr. Malberg presented the item and indicated he was available for questions.

Mayor Espinoza opened the Public Hearing for comment at 7:54 p.m. There were no comments and subsequently Mayor Espinoza closed the Public Hearing at 7:54 p.m.

Motion: M/S Samra/Aguilar to adopt Resolution 2011-44 approving Proceedings under the 1972 Landscape and Lighting Act, California Streets and Highways Code 22500, et. seq., for the Approval to Levy Annual Assessments for the Citywide Consolidated Landscape Maintenance Assessment District No. 1, Confirming Assessments for Fiscal Year 2011/2012. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: Samra, Vierra, Land, Aguilar, Espinoza

NOES: Council Members: None

ABSENT: Council Members: None

3. Proceedings under the Benefit Assessment Act of 1982, Government Code Section 54717, et. seq., for the Approval to Levy Annual Assessments for the Livingston Benefit Assessment Districts, Confirming Assessments for Fiscal Year 2011/2012.

Mr. Malberg presented the item and indicated he was available for questions.

Mayor Espinoza opened the Public Hearing for comment at 7:57 p.m. There were no comments and subsequently Mayor Espinoza closed the Public Hearing at 7:57 p.m.

Motion: M/S Samra/Land to adopt Resolution 2011-45 approving Proceedings under the Benefit Assessment Act of 1982, Government Code Section 54717, et. seq. for the Approval to Levy Annual Assessments for the Livingston Benefit Assessment Districts, Confirming Assessments for Fiscal Year 2011/2012. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: Aguilar, Samra, Vierra, Espinoza, Land

NOES: Council Members: None

ABSENT: Council Members: None

CITIZEN COMMENTS

Warren Urnberg, 1331 Eighth Street thanked the 4th of July Committee and City Staff for putting on such a great event.

Katherine Schell Rodriguez, P.O. Box 163 reported there were a couple of articles in the Merced Sun-Star on the 4th of July event and noted she was disappointed there were not more comments on the online articles in support of the Committee. Ms. Schell Rodriguez also asked if the City Attorney had any further information on the requirement to translate documents and materials into different languages. Ms. Schell Rodriguez also inquired about the Utility Rates Stakeholders Committee and when the City Council appointed the Council Members to the Committee. In addition she wanted to know when the next meeting was scheduled to take place.

City Attorney Sanchez indicated only the Voting Rights Act required voting materials to be published in multiple languages. He stated he did not find anything requiring the City to publish agendas, etc. in multiple languages. Further, he addressed the inquiry as to appointment of City Council Members to the Utility Stakeholders Committee. He indicated they were appointed during an open session. Interim City Manager Lewis stated the next meeting would not be scheduled until capital projects have been determined and numbers were available, however, the meeting would be open to public.

Luis Flores, 707 Almondwood Drive thanked the 4th of July Committee and City Staff for their hard work and efforts. Additionally, he commended Executive Assistant Donna Barnes for her efforts in posting the Committee’s updates to the City website. Mr. Flores requested an update on the status of the skate park. Mayor Espinoza reported the City Council approved submission of the grant application as submitted and the City expected a determination on the grant by the State in early 2012.

CONSENT CALENDAR

4. Adopt Resolution No. 2011-46 Consenting to and Approving the Assignment of the Cable Franchise and System to CCO SOCAL 1, LLC.

5. Approval of Minutes of Meeting Held on June 17, 2011.

6. Approval of Minutes of Meeting Held on June 21, 2011.

7. Approval of Minutes of Meeting Held on June 23, 2011.

8. Warrant Register Dated June 30, 2011.

Council Member Vierra asked if there was anyway to get improvements to the local cable channel and when the franchise agreement was due to expire. Interim City Manager Lewis stated she would have copies of the agreement provided to the City Council and City Attorney for review.
Council Member Samra noted there was a correction to Item 7, Minutes of June 23rd. He stated he was not in attendance, however, it was because there was a conflict of interest rather than an excused absence and he requested that it be noted in the record.

Motion: M/S Vierra/Samra to approve Consent Agenda Items 4, 5, 6, 7, and 8 with the correction to Item 7. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: Aguilar, Samra, Vierra, Espinoza, Land

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Waive the Second Reading and Adopt Ordinance No. 590 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) 5-6-5 (C), Nonconforming Uses of Land, Concerning Nonconforming Agriculture Uses.

City Attorney Sanchez gave an overview of the item. He noted normally this item would have been put on the consent calendar after the first reading, however, at the last City Council Meeting Council Member Vierra requested the item be placed on the regular agenda.

Mayor Espinoza opened the meeting for public comment at 8:16 p.m.

Luis Flores, 707 Almondwood Drive recommended the City Council adopt the ordinance.

Katherine Schell Rodriguez, P.O. Box 163 also spoke in favor of adopting the ordinance.

Mayor Espinoza closed the public comment period at 8:17. p.m.

Mayor Espinoza spoke in favor of adopting the ordinance and stated he would like to keep farming in the community.

Council Member Vierra addressed the issue of possible contaminants getting into the City’s water.

Council Member Samra spoke to the concern raised by Council Member Vierra. Council Member Samra suggested that good neighbor polices and the fact farmers are typically very cautious with chemicals, as well as the many checks and balances within the City limits would address this issue.

Motion: M/S Land/Samra to Waive the Second Reading and Adopt Ordinance No. 590 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) 5-6-5 (C), Nonconforming Uses of Land, Concerning Nonconforming Agriculture Uses. The motion carried 4-1 by the following roll call vote:

AYES: Council Members: Samra, Land, Aguilar, Espinoza

NOES: Council Members: Vierra

ABSENT: Council Members: None

10. Resolution Approving Land Lease Agreement Between the City of Livingston and Gerald Martin for Approximately 40 Acres of Land at 15036 Vinewood Avenue Known as APN Numbers 047-140-006 and 047-140-0017.

Public Works Superintendent Kathryn Reyes presented the item and stated she supported the Land Lease Agreement.

Mayor Espinoza opened the meeting for public comment at 8:26 p.m.

Katherine Schell Rodriguez, P.O. Box 163 expressed her support for the agreement and stated there should be no question as to approving this item.

Mayor Espinoza closed the public comment period at 8:27. p.m.

Council Member Vierra asked the City Attorney about the terms of the contract and wanted to be sure there was no automatic renewal. City Attorney Sanchez confirmed that the agreement was for a period of three years and did not automatically renew.

Mayor Pro-Tem Aguilar asked if a market value was determined for the property. Public Works Superintendent Reyes stated she had not made such a determination.

Mayor Pro-Tem Aguilar stated she did not see any information on how much the improvements were going to cost. Public Works Superintendent Reyes stated she did not have an exact dollar amount, but fencing alone was at least $25,000.

Mayor Espinoza asked if the improvements noted in the agreement would remain on the property when the lease terminated. City Attorney Sanchez confirmed all the improvements listed in Exhibit B of the agreement would stay at the time the agreement was terminated.

Mayor Pro-Tem Aguilar asked about the use of the property. Public Works Superintendent Reyes stated the only approved use would be for cattle and anything else would require an amendment to the agreement, subject to City Council approval.

Council Member Land asked about the future use of the picnic area. Public Works Superintendent Reyes indicated the picnic area is not affected. Council Member Land also asked if anyone else had inquired about the leasing of the land. Public Works Superintendent Reyes stated to her knowledge there had not been any other inquiries.

Council Member Vierra expressed concern about how far the fencing would be from the trees. Public Works Superintendent Reyes assured the City Council the fence line would be far enough from the trees as to not create issues. Council Member Vierra asked if the map could be amended to illustrate this.

Motion: M/S Espinoza/Vierra to adopt Resolution No. 2011-47 Approving the Land Lease Agreement, with the noted amendment, Between the City of Livingston and Gerald Martin for Approximately 40 Acres of Land at 15036 Vinewood Avenue Known as APN Numbers 047-140-006 and 047-140-0017. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: Land, Samra, Vierra, Aguilar, Espinoza

NOES: Council Members: None

ABSENT: Council Members: None

11. Resolution Approving Contract Amendment No. 4 for PMC to Complete the Environmental Analysis of the Domestic Wastewater Treatment Plant and Authorizing the Interim City Manager to Sign the Amendment.

Interim City Manager Lewis provided an overview of the item. City Attorney Sanchez provided input as well. He asked for a change, Part B – Time of Completion. Instead of “All work to be completed in a timely manner” City Attorney Sanchez asked that it read “All work to be completed as provided for in Exhibit B.”

Council Member Vierra asked about the timeline and City Attorney Sanchez stated that he had been involved in tightening the timeline and keeping the costs to those stated in the agreement. Council Member Vierra expressed his concern that the work was slowing up the General Plan. Interim City Manager Lewis stated she had requested the work be postponed until after July 31st for financial reasons.

Mayor Espinoza stated he supported just completing the work and moving this forward.
Mayor Espinoza opened the meeting for public comment at 8:57 p.m.

Katherine Schell Rodriguez, P.O. Box 163 expressed her discontent with the number of amendments to the agreement. Ms. Schell Rodriguez also asked if this would be the last amendment. Interim City Manager Lewis stated it was the hope of the City that the timeline was such that additional amendments would not be needed.

Mayor Espinoza closed the public comment period at 8:59 p.m.

Motion: M/S Vierra/Aguilar to adopt Resolution No. 2011-48 Approving Contract Amendment No. 4 for PMC to Complete the Environmental Analysis of the Domestic Wastewater Treatment Plant and Authorizing the Interim City Manager to Sign the Amendment. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: Land, Samra, Vierra, Aguilar, Espinoza

NOES: Council Members: None

ABSENT: Council Members: None

12. Designate Voting Delegates and Alternates for the League of California Cities Annual Conference.

Interim City Manager Lewis provided an overview of the item. Mayor Espinoza asked which Council Members would be attending. Mayor Pro-Tem Aguilar, Council Member Land, Council Member Samra and Mayor Espinoza all indicated they would be attending. Mayor Pro-Tem Aguilar agreed to be the voting delegate and Mayor Espinoza agreed to be the alternate.

Motion: M/S Espinoza /Land to appoint Mayor Pro-Tem Aguilar as the voting delegate and Mayor Espinoza as the alternate for the League of California Cities Annual Conference in San Francisco. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: Aguilar, Samra, Vierra, Espinoza, Land

NOES: Council Members: None

ABSENT: Council Members: None

There was an inquiry from the audience as to how many Council Members would be attending and who was paying for the conference. Mayor Espinoza replied that a total of four Council Members were attending and their attendance was being paid for by the City.

ADJOURNMENT

The City Council meeting was adjourned by consensus at 9:08 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: July 19, 2011

_____________________________

Mayor or Mayor ProTempore

The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available, upon request, and may be obtained at Livingston City Hall.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s