NOVEMBER 01, 2011 Draft Minutes

Note from TheGardeningSnail: This is another one of those “PDF Image files bounced through the program that turns it into text” pages. So…if there are “textual Gremlins”. Oops..sorry about that…

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL

NOVEMBER 1, 2011

A Regular Meeting of the Livingston City Council was held on November 1, 2011, in the City Council Chambers with Mayor Espinoza presiding.

CALL TO ORDER

Mayor Espinoza opened the meeting at 7:00 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Margarita Aguilar (Excused Absence)

Council Member Frank Vierra

Council Member Theresa Land

Council Member Gurpal Samra (Excused Absence)

CHANGES TO THE AGENDA

City Manager Ramirez requested that agenda item No. 6 be continued to the next meeting.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
None.

GRANT ANNOUNCEMENTS
None.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Supervisor Pedrozo was in attendance, but had nothing to report.

City Staff Announcements and Reports.

Fire Captain Andrew Overbay stated how everyone has made him feel welcome since coming to Livingston. He wanted to remind everyone that the winter season is coming upon us and to use common sense when using wood stoves. Captain Overbay said to please burn natural products and not anything green. He also asked the public to remember that the first rains make the roads slick.

Interim Police Chief Chris Soria reported that this past Sunday there was a drive by shooting in the area of Eighth and "F" Street that was possibly gang related. A 43 year old resident was hit by rounds that were fired into her home. He asked if anyone has information,regarding this, shooting to please call the Police Department at 394-7916. Information will remain confidential.

Mayor Espinoza translated Interim Chief of Police Soria’s announcement. He stated in Spanish, "What Interim Chief of Police Soria was just saying is that there was a drive-by shooting in the vicinity of Eighth and "F" Street last Sunday – possibly gang related. A 43-year old woman was shot. Chief Soria asks that if anybody saw anything or has any information regarding the shooting to please call the Livingston Police Department. Every thing will remain confidential. Thank you."

Community Development Director Donna Kenney gave-an update on the Planning Commission and reported the October meeting was cancelled due to a lack of agenda items.

City Engineer Nanda Gotiparthy gave an update on the CMAC grant he has been working on.

City Manager Announcements and Reports.

City Manager Jose Ramirez recognized, Frank Borges, a representative of Gallo and said he appreciates Mr. Borges keeping him up to speed on the Gallo development projects that they are currently working on as well as, the tax sharing agreement. City Manager Ramirez added that we are excited about the projects coming forward. We need more jobs and this will be creating opportunities in Livingston. City Manager Ramirez said he has been talking to different property owners regarding some of these projects along Campbell Blvd. and between Hammatt Avenue and Winton Parkway. He updated the Council on a Brownfields grant that just became available and said he is also trying to finalize some Requests for Proposals (RFPs) for solid waste and the wastewater treatment plant.

City Council Members’ Announcements and Reports.

Council Member Frank Vierra asked City Engineer Nanda Gottiparthy if there was another project that would bring a sidewalk at the corner of Peach and Main Street near the high school.

City Engineer Gottiparthy responded that he has been in contact with the school district and they have selected a contractor to complete that sidewalk.

Mayor Rodrigo Espinoza asked City Engineer Gottiparthy to give an update on improvements at the sports complex.

City Engineer Gottiparthy commented that the project is moving forward very well. The contractor
has completed the plumbing, poured concrete and so far no major problems have developed and the
work is progressing satisfactorily.

Council Member Theresa Land thanked Agent David Vargas for the presentation at the Livingston Middle school on Friday, October 28"’. She said he really had the kids’ attention and he did a great job. Council Member Land also thanked Interim Police Chief Chris Soria and Deanna Soria for coming to the middle school to judge door decorations for Red Ribbon week. All of the winners received a poster and those posters will be hung in the lobby of the Police Department. She added that there is a Veteran’s Day parade coming up on Friday, November I I a` at 11:00 a.m. Also, the children will not be in school that day so please be careful, and a reminder that November 12"’ is the Rotary Crab Feed; 6:00 p.m. is the social hour and tickets can be purchased from any Rotarian.

Mayor’s Announcements and Reports.

Mayor Espinoza gave an update on the green waste; all citizens receiving a utility bill should have received a flyer. He also provided an update on the street fair. Mayor Espinoza noted that last Thursday was the last day for the street fair and there was a great turn out. He said hopefully next year we will be able to include a certified farmers market with the event.

PUBLIC HEARINGS

None.

CITIZENS COMMENTS

Katherine Schell Rodriquez, P.O. Box 163 stated that it is really a shame that more people didn’t show up to the budget workshop. All department heads were there to answer questions. She gave an overview of the workshop.

Luis Flores, 707 Almond Wood Drive stated that the United Way is having a senior breakfast on November 17"’ from 8:00am to 10.00 at the Veteran’ hall. He said the breakfast is for those individuals wanting to decrease their PG &E-costs and is a good opportunity for qualified individuals. He also announced that he is part of, the San Joaquin Valley UC Alumni Network and they are having an educators’-appreciation night on January 26, 2012, from 5:30 to 7:00 p.m. in Merced.

Donna Kenney. 6530 East Avenue, Turlock announced that November 5"’ the high school will be hosting the Mexican Consulate and on November 7"’ at 6 pm, a meeting will take place to determine if there is some interest in putting together a business association or chamber of commerce in Livingston. All
business owners are welcome to attend.

CONSENT CALENDAR

The following consent agenda items were presented for the Council’s consideration and approval:

1. Approval of Minutes of Meeting Held on October 4, 2011 (Amended).

2. Approval of Minutes of Meeting Held on October 18, 2011.

3. Approval. of Minutes of Meeting Held on October 25, 2011.

4. Approval of Warrant Register Dated October 26, 2011

Motion: M/S Land/Espinoza to approve consent agenda items 1, 2, 3, and 4. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Espinoza, Vierra, Land,

NOES: Council Members: None

ABSENT: Council Members: Samra, Aguilar

DISCUSSION AND POTENTIAL ACTION ITEMS

5. Resolution Declaring Intent Not to Enforce Certain Provisions of Livingston Municipal Code Section 5-6-5Against Vacant Legal Nonconforming Residential Units in the Downtown Commercial Zoning District for Two (2) Years from Effective Date F Resolution.

Community Development Director Kenney presented the agenda item.

Katherine Schell Rodriquez, P.O. Box 163 commented that, she is not against extending this and not enforcing certain provisions for those people who bought their homes prier to their homes being rezoned. Her question is if the gentleman who purchased a DTC home who wants to remodel it, did he purchase this home during,the last time the resolution was in force or after the time that the resolution expired. She also added that arc people buying homes in this area without knowing the zoning.

Council Member Frank Vierra stated that he had a couple of people approach him and comment about how people are buying these home; as speculation and this young couple whose husband works at the high school said that their gent was jacked up a. couple of times for minor repairs and they finally got help from family members to help them buy a house available in Livingston. He asked if we were doing this so that speculator; can rent theta out and then raise the prices.

Council Member Vierra said we should be looking at this as to helping people who can’t afford high rents. Speculators are going to be taking advantage of this. He also asked how many home owners took advantage of this in the last two years.

Director Kenney answered zero. She also added that the person wanting to take advantage of this now has owned this home for some time.

Mayor Espinoza added that we can’t tell what they are speculating. Brief discussion followed.

Motion: M/S Espinoza/Land to adopt a Resolution Declaring the Intent Not to Enforce Certain Provisions of Livingston Municipal Code Section 5-6-5Against Vacant Legal Nonconforming Residential Units in the Downtown Commercial Zoning District for Five (5) Years from Effective Date of Resolution. The motion failed 2-1 by the following roll call vote:

AYES: Council Members: Espinoza, Land

NOES: Council Members: Vierra

ABSENT: Council Members: Samra, Aguilar

Motion: M/S Land/Espinoza to adopt a Resolution Declaring the Intent Not to Enforce Certain Provisions of Livingston Municipal Code Section 5-6-5Against Vacant Legal Nonconforming Residential Units in the Downtown Commercial Zoning District for Two (2) Years from Effective Date of Resolution. The motion failed 2-1 by the following roll call vote:

AYES: Council Members: Espinoza, Land

NOES: Council Members: Vierra

ABSENT: Council Members: Samra, Aguilar

6. Provide Staff Direction and Adopt Resolution of Intent to Amend Livingston Municipal Code (LMC) Title 5, Chapter 3 Concerning Building Structure Setback Requirements.

Pulled from agenda.

7. City Council to Provide Staff Direction for Appointment to the Planning-Commission. Community Development Director Kenney presented the agenda item.

Katherine Schell Rodriquez, P.O. Box 163 stated that traditionally when a term comes up it is put out to the public in case anyone else is interested.

Council Member Land, in reference to the Planning-Commission, commented that she has noticed that commissioners do not stay for very long time;added that Luis Enrique Flores is doing a great job and if he would like to stay she would like him to stay.

Mayor Espinoza agreed that Mr. Flores is doing a great job.

City Manager Ramirez noted that this item is just for staff direction and a resolution will come back to the Council at the next meeting.

ADJOURNMENT

The meeting was adjourned by consensus at 7:47 p.m.

City Clerk of the City of Livingston

APPROVE l).:,. December 6, 2011

Mayor or Mayor ProTempure

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.

One thought on “NOVEMBER 01, 2011 Draft Minutes

  1. Pingback: A Rancho San Miguel, A Workshop about Priorities, And A City Council Agenda « Thegardeningsnail's Weblog (because not every critter is hiding under a rock…)

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