Approval of Minutes of Meeting Held on July 3, 2012

Meeting Date: August 21, 2012

Meeting Agenda #7. Approval of Minutes of Meeting Held on July 3, 2012.





JULY 3, 2012

A Regular Meeting of the Livingston City Council was held on July 3, 2012, in the City Council Chambers with Mayor Espinoza presiding.



Mayor Espinoza called the meeting to order at 7:03 p.m.


The pledge of allegiance to the flag was recited.


Mayor Rodrigo Espinoza

Mayor Pro-Tem Margarita Aguilar

Council Member Frank Vierra (Excused Absence)

Council Member Theresa Land

Council Member Gurpal Samra


Council Member Land asked that consent item 6 be pulled for discussion.


1. Presentation by Justin Surratt, Schneider Electric – Solar Power Proposal.

City Manager Ramirez presented the item.

Justin Surratt presented the modifications that were requested for Council consideration.

Brief discussion followed. The Council took no action on this item.

2. Presentation by Ritem Sandhu, Outreach Specialist, California Health Collaborative, Merced County Tobacco Control Program, “Tobacco Sales to Minors in Efforts for the City of Livingston to Adopt a Tobacco Retail Licensing Policy.”

Angel Mendoza, representing the California Health Collaborative, Merced County Tobacco Control Program provided the Council with an update on their organization’s activities and their plight to educate the public and encourage the City Council to consider adopting a Tobacco Licensing Ordinance.

Brief discussion followed.

Mayor Espinoza directed the City Manager to proceed with drafting an Ordinance for Council consideration.




Supervisor John Pedrozo Announcements and Reports.


City Staff Announcements and Reports.

Community Development Director Kenney commented that the Livingston Family Apartments building permit plans are under staff review. Taco Bell is moving forward with framing and looking at opening in mid-August. The City recently received some population information from Merced County and she has a meeting with Bill Nicholson next week.

Director Kenney added that staff has been working on the latest version of the revised General Plan Update and mostly had to change the introduction and focus on the areas that the court has asked them to revise. We are looking at two months before the public hearing.

Also, Mr. Vue who was granted a Conditional Use Permit from the Planning Commission for farming within the City limits is doing well. He has now come in to get his business license for a vegetable stand and is working with staff for approval for the structure that he wants to build. She also met with Louise Farley from Senator Anthony Cannella’s office and they have a few resources for the public that they are sharing with her as far as color books and hand outs for different projects. They have a resource for the Chamber of Commerce so she connected her with Alex McCabe.

City Engineer Gottiparthy gave an update on Well No.16. They had a meeting with two bidders on the media. They evaluated 5 media for arsenic and sent those to UC Davis and there are two types of media. Also a cost analysis was done for the life of the media. The analysis looks good and they will bring that back to the City Council after taking it to the Stakeholders Committee. They have asked all bidders to go back and look at their capital costs.

He also gave an update on the Second Street project that is in the final stage of design and should be wrapped up by the end of the week. The contractor is set to start the Phase II water project next week and the project should be completed by mid-October.

Police Chief Chavez gave an update on the CAD/RMS project that went live on June 7th and Gustine has been having positive comments. He presented a burglary action plan and gave an update on parking violations on Joseph Gallo Drive and B Street. Regarding animal control activities, the department has been visiting a lot of the schools and trapping dogs and cats. He reminded everyone of the National Night Out on August 7th that will be held on Main Street between C and D Streets. He noted that the department has three more Neighborhood Visits scheduled with dates and times to be determined.

Council Member Land commented that she has seen fewer trucks parked on Joseph Gallo Drive.

Mayor Espinoza has heard a lot of positive comments in regards to banned truck parking.

Police Chief Chavez also spoke to the enforcement of fireworks on the weekend. He stated that residents are allowed to purchase fireworks between June 28th and midnight on July 4th. Any residents who purchase fireworks are only allowed to discharge those up until July 4th.

City Manager Ramirez wanted to translate the comment made by Chief Chavez in regards to the fireworks. He stated in Spanish, “For those people that are a little confused regarding the purchase of fireworks, the fireworks can only be purchased between June 28th and July 4th at midnight. After midnight on July 4th, fireworks cannot be discharged or you can get a citation.”

Mayor Espinoza in Spanish stated, “You will not be able to discharge them on July 7th which is the day of the fireworks display at the park. If you get caught by the police, you will get a ticket.”

City Manager Announcements and Reports

City Manager Ramirez stated that Requests for Proposals (RFPs) have gone out for solid waste service via email and mail. He noted the deadline for the position of Director of Public Works was this past Friday and four applications were received. He also shared that a fire department grant application is out and staff is analyzing and applying for it.

City Council Members’ Announcements and Reports.

Council Member Land wished everyone a Happy 4th of July. She wanted to remind everyone that there is going to be no bus transportation for the students at Livingston High School unless the parents choose to pay a fee of $200 per month. She asked for a Spanish translation.

City Manager Ramirez, in Spanish stated, “Council Member Land wanted to inform everyone that there will no longer be bus transportation provided for students in grades 9th – 12th at Livingston High School unless parents pay a fee of $200 per month or unless they live in the Ballico/Cressey area.”

Council Member Land requested that an item be placed on a future agenda about whether or not to rent out the new picnic shelter at the sports complex. Also an item in regards to returning deposits to those that rent City picnic shelters sooner so they won’t have to wait. She spoke with the City Manager and he said there could be a way of getting deposits back quicker if the renter so chooses.

Mayor Espinoza asked if the sports complex shelter was ready to be rented.

Recreation Superintendent Benoit commented that staff is waiting for the sign-off of the completionof the project.

Council Member Samra wished America a Happy Birthday.

Mayor Pro-Tem Aguilar stated that she was glad to be back and thanked the residents who asked about her. She thanked the Police Chief for doing a great job in the Joseph Gallo Drive area. She also asked the public to remember those who sacrificed their lives for us and who serve our country.

Mayor’s Announcements and Reports.

Mayor Espinoza congratulated the County girls’ under-14 softball team that is going to Las Vegas; Mike Outten is one of the coaches and Carmen Fuentes is also going. They are trying to raise $4,500 to stay there so he wished them luck. He also wished everyone a Happy 4th of July.


3. Introduce and Waive the First Reading of Ordinance No.___ of the City Council of the City of Livingston Adopting the Regional Transportation Impact Fee (RTIF).

Community Development Director Kenney presented the item. She stated there was a correction on the staff report on page 2, it should state $39,870.00.

Jess Brown, Executive Director of the Merced County Association of Governments (MCAG) gave an update on the RTIF.

Mayor Espinoza opened the hearing for public comments at 8:47 p.m.

David Blevins, P.O. Box 76 stated that he didn’t want to be negative, but there is no building taking place right now so why adopt a new fee?

Mayor Espinoza closed the hearing at 8:47 p.m. as there were no further public comments.

City Manager Ramirez asked Mr. Brown to respond to Colette Alvernaz’s questions from a previous meeting.

Mr. Brown explained that the proposal in the City of Livingston is to improve the interchanges off Highway 99 that go into the business park. Caltrans is currently working on the environmental document to widen Highway 99 from the Stanislaus County line through Hammatt to six lanes which has been a priority project for some time. They were willing to look at doing that widening, but the costs and responsibility for the on and off ramps were going to be a local responsibility and that is why we decided to add that into the RTIF.

City Manager Ramirez asked how long the project would take.

Mr. Brown stated that the environmental study had to be done and will have to compete at the state level. It will have to be a priority; there is not going to be enough bond funds to do that. He suggested that, depending on the action that the City of Livingston takes with the RTIF, it could be a large priority for MCAG.

City Manager Ramirez asked how many years after that.

Mr. Brown responded that hopefully the project would commence in five years.

Council Member Samra stated that we have had many people say that Winton Parkway is congested, so how much money have we collected in fees to expand the road.

Mayor Espinoza stated none.

Council Member Samra added that if we want to upgrade the road zero is a bad place to start. We need to participate in a large group to pool the money. Unless we all team up Stanislaus County is always beating us. He understands people are talking about the additional fees, but we have to start participating.

Mayor Pro-Tem Aguilar asked that if the RTIF was approved tonight would it apply to current applications.

Community Development Director Kenney stated that we would have to have a second reading of the ordinance at the next meeting and the applications that are in now are safe.

Council Member Land asked if the order in which projects are listed on the staff report will be the order that they are to be completed.

Mr. Brown replied no and gave an explanation.

Council Member Land asked so if another project comes in and gets put on the list it would be taken care of first.

Mr. Brown responded yes.

Council Member Land asked what if the City plans to cancel the RTIF will our fees go up.

Mr. Brown explained that what happens is that probably the project that is in that community is not going to receive the priority that it might have if the City or County was participating.

Council Member Land asked if there is a penalty.

Mr. Brown stated no; MCAG has been in business for 40 years. MCAG allocates every year. Some of the monies come to cities for maintenance and some for other projects. He suggested that if the City or County received funds and then bailed they probably would not be held in very high standards.

Council Member Land asked if Livingston is the only city that is not participating in the RTIF.

Mr. Brown replied yes.

Mayor Espinoza thanked Mr. Brown for all he has done.

Motion: M/S Samra/Espinoza to Introduce and Waive the First Reading of Ordinance No. 599 of the City Council of the City of Livingston Adopting the Regional Transportation Impact Fee (RTIF). The motion carried 3-1-0 by the following roll call vote:

AYES: Council Members: Espinoza, Aguilar, and Samra

NOES: Council Members: Land

ABSENT: Council Members: Vierra


Katherine Schell Rodriquez, P.O. Box 163 stated that everyone needed a refresher course about what the 4th of July is really about. Not the 4th of July Committee or some other people, the 4th of July is not about fireworks it is about freedom. She read from a document which states what July 4th is really all about.

(Note from TheGardeningSnail: What I read were excerpts from the Declaration of Independence: not just “a document”. Sheesh!)

July 4th is the Independence Day of the U.S. of America and when giving honor to those that pledge their lives, fortunes, and sacred honor and the struggle to win and to continue to maintain this country’s independence is somehow lost in the shuffle of another celebration or festival then it really isn’t a celebration of our Independence Day. She can only hope that next year the July 4th Committee who worked so hard will have the freedom and flexibility to plan for an actual Independence Day celebration on the actual date of July 4th.

Warren Urnberg, 1331 Eighth Street stated that when he got his City bill it included a flier about the water. He was glad that City staff worked on that flier this year as he was able to read what is down there. He made a suggestion to the Police Chief that when he moves police cars around town he should put a dummy in there too. He mentioned that there are areas in town that could use speed bumps to slow down fast drivers.

Julio Valadez, P.O. Box 701 stated that he never had the curiosity to smoke because he knew his parents would take care of business. Therefore, his issue is protecting the kids and questioned is more government too much government. He stated that the “under God” in the pledge of allegiance was added due to the hard work of the Knights of Columbus. The 4th of July Committee’s purpose was to honor those that have served this country and also to remind us of the independence we have. This is the reason why we have brought this celebration back and plan to hold it every year.

Mike Sperry, 737 Main Street asked Mayor Pro-Tem Aguilar if she was running for re-election. He stated that we needed to get back to basics. He believes that alcohol on the 4th of July is a major problem. He is hoping that this weekend and with three days of beer gardens there will be no arrests. He is willing to give rides home.

Joylynn Peterson, 3395 Talla Lane, Turlock stated that committee members will be monitoring the beer booth and they are selling carnival tickets at the street fair until 9:00 p.m. on Thursdays.

Mayor-Pro Tem Aguilar stated that she was a part of the 4th of July Committee and this year she stepped back. She stated the City had no say in having the 4th of July celebration on the 4th and she wanted to make it clear that the City had nothing to do with it.

Council Member Land echoed Mayor Pro-Tem Aguilar’s comments. She noted that while being involved with the 4th of July Committee last year it was suggested not to have the celebration on the 4th last year and they were admitting that it should be on the 4th and she agrees that it should be on the 4th . She has heard a lot of grumbling that we are not celebrating our independence and that we are celebrating sweet potatoes and that is not true, we are celebrating our independence, only on another day.

Mayor Espinoza added that he thought the Committee was in charge of the celebration and they decided the date. They are saying no, and he hasn’t been to a meeting so he doesn’t know.

City Manager Ramirez stated that we just want people to come out and try to merge to make one big event. There was no intention of being negative, it was about working together. He will take the blame for the sake of moving on. We are not looking for credit, we are looking for more community involvement.


4. Resolution No. 2012-45 for the Acceptance of the Picnic Areas and Restroom Facilities at Walnut Sports Complex Project 06-01680, Authorizing the City Clerk to Record a Notice of Completion with Merced County and Authorizing the City Manager to Release Performance and Material Bonds and to Make Final Payment of Retention Monies to Harris, Builders, Inc.

5. Resolution No. 2012-46 Authorizing the City Manager to Continue Making Required Expenditures to Meet Current or Immediate Financial Obligations Until the 2012/13 Fiscal Year Budget is Adopted.

6. Adopt Resolutions Calling, Giving Notice of and Requesting that the County of Merced Consolidate the City’s Municipal Election with the Statewide 2012 General Election.

Pulled for discussion.

7. Resolution No. 2012-47 Authorizing the City Manager to Remove all Contents, Surrender and Execute a Release of Liability Pertaining to the Safety Deposit Box at WestAmerica Bank, Formerly Bank of America.

8. Approval of Minutes of Meeting Held on May 22, 2012.

9. Approval of Warrant Register Dated June 28, 2012.

Motion: M/S Espinoza/Aguilar to approve consent agenda items 4, 5, 7, 8, and 9. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

Council Member Land pulled item 6 for discussion. She requested to bring this item back at a later date due to the upcoming election. Discussion followed.

Motion: M/S Land/Espinoza to table item 6. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Member Vierra


10. Fiscal Year 2012-2013 Budget Workshop #3: Special Revenue Funds, Development Impact Fees, Enterprise Funds and Redevelopment Agency Obligation Retirement Funds.

The City Council held Budget Workshop #3 to review and discuss Special Revenue Funds, Development Impact Fees, Enterprise Funds and the former Redevelopment Agency’s Obligation Retirement Funds.

A question and answer period followed. No action was taken by the Council.

Mayor Espinoza left the meeting at 9:45 p.m. No reason was given.


The meeting was adjourned by consensus at 10:06 p.m.


Deputy City Clerk of the City of Livingston

APPROVED: August 21, 2012


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.


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