NOVEMBER 15, 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…I think I got most of them fixed…than again…

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING
LIVINGSTON CITY COUNCIL

NOVEMBER 15, 2011

A Closed Session/Regular Meeting of the Livingston City Council was held on November 15, 2011 in the City Council Chambers with Mayor Espinoza presiding.

CLOSED SESSION

CALL TO ORDER

Mayor Espinoza opened the meeting at 6:01 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 Council subsequently adjourned to the City Hall Conference Room for Closed Session to discuss the following matter:

1 . Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented and Unrepresented City Employees.

OPEN SESSION

The Council came out of Closed Session and into Open Session and returned to the City Council Chambers for the Regular Meeting.

REGULAR MEETING

CALL TO ORDER

Mayor Espinoza called the meeting to order 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

Council Member Frank Vierra (Excused Absence)

Council Member Theresa Land

Council Member Gurpal Sarnra

CLOSED SESSION ANNOUCEMENTS
There was no reportable action.

CHANGES TO THE AGENDA
None.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
None.

GRANT ANOUNCEMENTS
None.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports. Supervisor Pedrozo was absent.

City Staff Announcements and Reports.

Public Works Superintendent Kathryn Reyes reported that the green waste program is going full force. She asked that residents please be patient with public works as the chipper is going everyday. She gave a leaf pickup reminder and noted that if the piles are small enough to please place in the garbage containers.

Mayor Pro Tem Aguilar asked for the telephone number for residents to call to schedule their green waste pickup.

Superintendent Reyes responded that residents should call 394-8041 or 394-8044. Council Member Land asked if all residents need to call.

Superintendent Reyes responded yes.

Mayor Espinoza added that the Council is in the budget process this evening and could possibly be buying a new better chipper.

Mayor Espinoza translated what Ms. Reyes stated. If anyone has a question about trimming their trees, please call the Public Works Department 394-8044 to make an appointment. If you don’t call, they are not going to come out to grind your tree trimmings. You don’t just put them out in the street; you have to call to make an appointment.

Interim Police Chief Chris Soria announced that this week the department had investigated, someone from Western Union that was calling local merchants stating that they wanted money wired to specific areas. However, he wanted to let the merchants know that Western Union does not do anything like this; this individual would call saying they were conducting a test and again Western Union does not do anything like this. Interim Chief Soria reminded residents not to give out personal information to anyone calling over the telephone because usually nine times out of ten this is some kind of fraud.

City Manager Ramirez added that people who contacted residents could make it seem that they were connected with the City or dealing with City business, like those who want to paint your address on the curb.

Mayor Espinoza, also noted that Most of the bread and ice cream vendors in town do have business licenses and some citizens don’t like to purchase items-from those vendors because they don’t know if they have business licenses or not. He asked if any residents suspect anyone doing business
without a license to please call the Police department.

Community Development Director Donna Kenney reported that at the last Planning Commission meeting there was a presentation by a Potential business owner at 444 Main Street and parking issues were discussed. She said that staff was directed to bring a Conditional Use Permit (CUP) from 444 Main Street back to the Planning Commission at the December 13’t’ meeting for review. Director Kenney also gave an update on the annexation and prezone that staff hopes to present to the Planning Commission as well as a site design review for Taco Bell.

Mario Rivera, Engineer for Livingston City. Cal Fire Fire Apparatus Chief gave an update on the accident the squad was in during the prior week. He also gave instructions on what drivers should do when they see sirens and lights approaching. An incident on a car on Main Street, across from "F" Street where the squad was going southbound on Main Street and it came to the stop sign at "F" Street. There was a vehicle at the stop sign and the squad was following this feature on how to go around vehicles when they are at a stop. The squad went into the incoming traffic and then the vehicle that was stopped at "F" Street made a left turn right into the squad. The squad sustained quite a bit of damage. Right now we are working on trying to get different quotes and trying to get that repaired. We should have it back and running pretty soon. Just a message, whenever you see us coming, it’s an emergency. We have our lights and we have a siren, so please move to the side and
let us continue to do our job.

Mayor Pro-Tem. Aguilar translated that the fire engineer wanted to give the public a message regarding the importance of moving to the side of the road to let emergency vehicles through. When you hear the siren or see the lights and a fire truck. , it’s the law that you move to the side of the road. Don’t think about it twice; simply move over to the side. There was a recent incident in the City where a fire truck was damaged. Fortunately nobody got hurt, but it is going to cost the City money to repair the fire truck. Our safety is most important, so move over to the side of the road so the fire fighters can do their job which is saving lives.

Recreation Superintendent Jacquie Benoit reported that there will be a special meeting of the Parks and Recreation Commission on Thursday, November 19`t’ at 7:00 p.m. in the City Council Chambers and they will be giving a report on the recent tri-tip fundraiser. She reported that Saturday will be the second basketball registration from 9:00 a.m. to 12:00 pin. Superintendent Benoit also invited residents to participate in the lighted Christmas parade on December 2nd and asked participants to please come to city hall and pickup an entry form.

Council Member Land added that she had been hearing some buxx about the parade this year; residents are very excited and she thanked Superintendent Benoit for her efforts.

Superintendent Benoit added that photos from last year’s parade sire being shown on Channel 2. Mayor Pro-Tem Aguilar asked if Main Street would be shut down for the parade.

Superintendent Benoit responded yes and noted shat they are also having a craft fair and are still taking applications.

Mayor Espinoza asked about the parade grand marshal. He suggested Tony Silva and asked the Council if they wanted to add someone else. He said they would discuss this matter at a later date.

Council Member Land clarified that Mayor Espinoza mentioned we have Mr. Fuentes and Tony Silva.

Mayoi Espinoza responded no. Mr. Fuentes could not attend; therefore it was only Tony Silva.

Community Development Director Kenney added that December 1st. at 6:00 p.m. would be the second meeting of-the Livingston Chamber in the Council Chambers. She hopes a large crowd will attend. There will he a lot of information and this will be helpful to the businesses.

City Manager Announcements and Reports.

City Manager Jose Ramirez reported on a Brownsfield grant, which is a 100% grant so there is no City match required.. The grant application needs to be turned in by the end of the month. He wanted to have all the information together by this Council meeting, but since the grant doesn’t have a financial impact he would like to get a consensus from the Council to submit the grant and then come back at the first meeting in December and get Council approval. City Manager Ramirez gave a brief presentation on the grant.

The Council was in agreement to move forward at this time.

City Manager Ramirez also reported that a Request for Proposals (RFP) for health benefits was sent out. He said that staff is looking at comparing the Joint Powers Authority (JPA) pool to see if there are better benefits for the employees as well as a savings in money for the City. City Manager Ramirez also noted that to help the current way we are doing business as far as parcel maps; staff has started using CoreLogic which is very inexpensive. City Manager Ramirez commented that he has been working closely with the Mexican Consulate so there will be a mobile Consulate coming to Livingston that will be able to expedite passports and other important documents. The tentative dates are: December 3rd and 4th in Planada and December 7°’ in Livingston 10:00 a.m. but please call and make an appointment.

Mayor Pro-Tern Aguilar thanked everyone that supported and participated in the Veteran’s Parade, honoring the Veterans. She asked that we remember that Veterans’ Day is everyday and not just that one day, as well as Thanksgiving Day, Mother’s Day and Father’s Day. make sure to let all Veterans know that we love them and support them, and especially during the holidays, they need moral support.

She added that the schools will be off from Friday, November 18th until November 27th. She asked everyone to spend time with their families. Remember family and friends and most of all health and faith is what keeps us going everyday and we need to rive thanks for that.

City Manager Ramirez announced that information on the new law,regarding smoke and carbon monoxide detectors will be included in the utility bills this month.

Mayor Espinoza added that regarding the health benefits, the city has saved money; however some of the employees are not happy with the way the plan works. He commented that if the City can get out of the current agreement, the City will move forward with a new plan. Mayor Espinoza added that the Council is trying to listen to employee concerns.

City Manager Ramirez noted that this is a meet and confer item with the different bargaining groups.

City Council Members’ Announcements and Reports.

Council Member Theresa Land asked Director Kenney if she had heard correctly, "Did you say a Taco Bell was coming,”– Director Kenney announced that Taco Bell would be located by McDonalds. Council member Land wished everyone a happy Thanksgiving and gave a shout out to her daughter Kimberly who was turning 18.

City Manager Ramirez introduced Frank Borges, sitting in the audience. Mr. Borges gave an updateon Mike Gallo’s land and future annexation plans for the property.

Council Member Gurpal Samra a noted that the way we are currently showing the allocation description on City warrants is very lengthy and he asked if there is any way that it could be cut down.

Assistant City Manager Odilon Ortiz responded yes, it could be done; staff would just have to modify the report.

Council Member Samra also wished everyone a happy Thanksgiving.

Mayor Pro-Tem Margarita Aguilar thanked those that were in support of the Veteran’s Day Parade especially Denis and Sue Wells and all the volunteers who helped. She added that the City Council took first place for their float. She reminded everyone that every day is Veteran’s Day. Mayor Pro-Tem Aguilar commented that Thanksgiving break is in session and there is no school so please be aware of the children. She wished everyone a happy Thanksgiving Day and to enjoy their families.

Mayor’s Announcements and Reports

Mayor Espinoza noted that a few years ago the City approved the K. Hovnanian Homes development and approved a street name which was Vierra Street. He noted that the street name sign is misspelled and should be Vieira.

Public Works Superintendent Reyes noted that public works replaced the sign and that the name is still misspelled. She apologized to the family and she is working to fix it.

Mayor Espinoza added that the street name should be spelled Vieira. He also added that the City received a certificate from State Senator Anthony Cannella and he read the certificate into the record. Mayor Espinoza wished everyone a happy Thanksgiving.

PUBLIC HEARINGS

1. Resolution Setting the City of Livingston’s Gann Appropriation Limit for the hiscal Year 2011-2012.

Assistant City Manager Ortiz presented the agenda item,. He noted,a change to the staff report under background. The first sentence changes the revenue and taxation code to read Section 7910.

City Attorney Jose Sanchez also noted that the change needed to be corrected on the resolution.

Mayor Espinoza opened and subsequently closed the Public Hearing at 7:44 p.m. as there were no comments from the public.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2011-69 Setting the City of Livingston’s Gann Appropriation Limit for Fiscal Year 201 1-2012. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Member: Vierra

2. Public Hearing – Resolution of the City Council of the City of Livingston Approving the City of Livingston Budget for Fiscal Year 2011-2012.

Assistant.City Manager Ortiz presented the agenda item.

Mayor Espinoza opened and subsequently closed the Public Hearing as there were no public comments.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2011-70 a Resolution of the City Council of the City of Livingston Approving the City of Livingston Budget for Fiscal Year 2011-2012. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

CITIZENS COMMENTS

Katherine Schell Rodriquez, P.O. Box 163 stated that since this is the season of Thanksgiving and if someone wants to send support to a soldier that is in harms’ way and doesn’t know what to send or who to send it to or how to send it, she would suggest that they think about checking out at least two websites; anysoldier.com or soldiersangels.com. Anysoldier.com can hook you up with an address of a soldier overseas, you send a package to that soldier and that soldier will make sure that there is someone in his/her platoon that is not receiving much support or any support at all. They will make sure that the package will get to a soldier that otherwise might not get anything. She talked about the second website soldierangels.com. This website talks about a wide variety of things that they do for the soldiers both those who are on active duty and those who are in hospitals and they also do things for their families.
They are currently conducting a campaign for people who would like to adopt a family of an enlisted
person to not only help, but to make their holidays a little brighter and also to give cheer to the families
and children of someone who is in harms’ way. She also stated that it only takes a minute or two to go
online and search out anysoldier.com and soldiersangels.com. The information is only a few clicks away and if you could and if you would, you could make this holiday season, seem a little. brighter for the men and women in our military and their families; please give a little.

Julio Valadez, 4’t’ of July Committee Chair invited anyone who would like to help out with the committee to volunteer as they are looking for new members. The neat meeting is December 12th in the City Hall Conference Room at 7:00 p.m.

Donna Kenney, 6530 East Avenue thanked everyone who attended or donated to the Rotary Crab Feed. She also thanked the community. The Rotary Club raised a lot of money that’ Will go towards scholarships. Ms. Kenney wanted to thank Jacquie Benoit and Kathryn Reyes for all that they do at the Sports Complex. She just came from a Zumba clays at the spot complex and it is alive with activity. The park is active and beautiful, even at night.

Mike Sperry, 1328 First Street asked about the trimmed tree limbs out on City streets. He asked if the City will be picking up those limbs

Superintendent Reyes stated yes. Public Works is running a little bit behind, but please be patient; thedepartment is getting about 15 homes done a day

Mayor Espinoza translated what Ms. Reyes stated. If anyone has a question about trimming their trees, please call the Public Works Department 394-8044 to make an appointment. If you don’t call, they are not going to come out to grind your tree trimmings. You don’t just put them out in the street; you have to call to make an appointment.

CONSENT CALANDAR

The following items were presented for the Council’s consideration:

3. Resolution No. 2011-71 Approving Amendment to City Council Resolution No. 2010-7 to Add Replacement of Existing Streetlights with Energy Efficient LED Streetlights to the Scope of Work for the Energy Efficiency and Conservation Block Grant (EECBG) – Replacement of Motors at Water Wells 8,9,11 and 13 – Grant No. CBG-09-093 and Authorizing the City Manager to Execute the Agreement.

4. Resolution No. 2011-72 Authorizing Investment of Monies in the Local Agency Investment Fund.

5. Resolution No. 2011-73 Designating Certain Signatures for City Bank Accounts with WestAmerica Bank.

6. Approval of Warrant Register Dated November 9, 201, 1.

Council Member Samra commented on item No. 5 and noted a correction should be made to read Marge McFadden.

Motion: M/S Land/Samra to approve consent agenda items 3, 4, 5, as amended, and 6. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

DISCUSSION AND POTENTIAL ACTION ITEMS

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

Community Development Director Kenney presented the agenda item.

Mayor Espinoza asked the city attorney if there was a faster process.

City Attorney Sanchez responded that the current municipal code acquires the application or amendments or rezone be initiated by a resolution. He noted the way other cities do it is by giving staff direction. He believes it is a good idea to have some Type of resolution of intention to document action. The City Council recently added Code language that Council has to approve a resolution of intention requested by the Planning Commission prior to the initiation of staff working on it He stated that still works, but the question by the Mayor was how could we do it faster and avoid the resolution. It would be amending the municipal code and deleting that requirement and just possibly saying direction to staff by City Council. That would require an amendment to the zoning code; it would require the resolution of intention to come back with that change and then going to the Planning Commission. It may only save time by one meeting.

Lengthy discussion followed

Katherine Schell Rodriguez , P.O. Box 163 had a suggestion. She noted there is a joint City Council and Planning Commission meeting taking place around the first of December and her suggestion was to have everyone get out their code book and read up on the setbacks and then get an idea of what-their goals are going to be.

Motion: M/S Espinoza/Samra to direct staff and adopt Resolution No. 2011-74, a Resolution of Intent to Amend Livingston Municipal Code (LMC) Title 5, Chapter 3, Concerning Building Structure Setback Requirements. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

2. Resolution Reappointing Luis Enrique Flores to the Planning Commission.

Community Development Director Kenney presented the agenda item.

Mayor Espinoza stated that Luis Enrique Flores has been doing a good job as a Planning Commissioner. He feels the Council should go out and advertise, but since so many Commissioners have resigned lately and Mr. Flores knows the process already and has been making good decisions; he should be reappointed for the next four years.

Mayor Pro-Tem Aguilar commented that the Council needs to take into consideration that there are others whose terms will be expiring and the Council will need to consider them as well. She feels the Council should authorize staff to go out and advertise the vacancy. Mayor Pro-Tem Aguilar commented that Mr. Flores is doing a good job as far as what she has heard and seen. However, she still feels that the Council needs to be transparent and advertise as there might be someone out there that would like to come on board; therefore we should allow that.

Director Kenney added that next year, December 31, 2012, there will be three commissioners coming to the end of their terms.

Council Member Land also commented that Mr. Flores is doing a wonderful job and the last few times that the Council authorized staff to advertise there was very little interest. However, she noted that Mayor Pro-Tem Aguilar has a good point – what we do for one we would need to do for all and with three others’ terms expiring next year and if we just reappoint, it really doesn’t give anyone else a chance to apply for the Planning Commission. She agrees with Mayor ProTem Aguilar that we should go out and advertise.

Council Member Samra stated that we have a norm and he is okay with that.

Motion: M/S Aguilar/Land to advertise for the Planning Commission vacancy. The motion carried 4-0 by the following roll call vote :

AYES: Council Members: Espinoza, Samna, Land, and Aguilar

NOES: Council Members: None

ABSENT: Council Members: Vierra

3. Appointment of Alternate Member to San Joaquin Valley Special City Selection Committee.

Council Member Samra stated than the Mayor has been doing a fantastic job and to leave the representation as is.

Maoyr Espinoza stated that this item is for the selection of an alternate committee member.

Mayor Pro-Tem Aguilar anted to thank the Mayor for being a part of the committee and wanted to ask Council Member Vierra if he would be a part of the committee. However, he was not present so she nominated him to serve as the alternate.

Council Member Samra agreed that this was a good suggestion.

Council Member Land recalled that one time she was nominated to serve on a committee without her consent and she was not happy. She commented that she doesn’t like to put people on the spot but Council Member Vierra is the only one not serving on a committee.

Mayor Espinoza disagreed; he wanted someone in attendance to make the commitment.

Mayor Pro-Tem Aguilar stated that the City Manager can make the call and Council Member Vierra needs to be part of the community – the Council all have jobs and they are all busy.

Motion: M/S Aguilar/Samra to appointment Council Member Vierra as an alternate member of the San Joaquin Valley Special City Selection Committee. The motion carried 3-1 by the following roll call vote:

AYES: Council Members: Samra, Land, and Aguilar

NOES: Council Members: Espinoza

ABSENT: Council Members: Vierra

ADJOURNMENT

The meeting was adjourned by consensus at 8:31 p.m.

City Clerk of the City of Livingston

APPROVED: December 6, 2011

Mayor or Mayor ProTempore

The written meeting minutes reflect a summary of spe, i/i , r; lions iakcii by thu (Viy Council. They do not necessarily

reflect all of the comments or dialogue leading up to th,ctrrioji. All are digitally recorded and are an

official record of the meeting’s�proceec lfna-s. Digitally rE c-urded verbatim minutes are available, upon request, and may be obtained at Living On? �-ay Hall.

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One thought on “NOVEMBER 15, 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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