JULY 17, 2012 Draft Minutes

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

JULY 17, 2012

A Closed Session/Regular Meeting of the Livingston City Council was held on July 17, 2012, in the City Council Chambers with Mayor Espinoza presiding.

CLOSED SESSION

CALL TO ORDER

Mayor Espinoza called the meeting to order at 5:33 p.m.

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)

Mayor Espinoza opened the meeting for public comments. There were no comments from the public. The Council subsequently adjourned to Closed Session at 6:08 p.m. to discuss the following matters:

1. Conference with Legal Counsel – Potential Litigation

[(Government Code Section 54956.9(b)(2)]

Number of Cases: 2

2. Conference with Legal Counsel – Existing Litigation

[(Government Code Section 54956.9(a)] – Michael Sperry vs. City of Livingston, et al,

Merced County Superior Court Case No. CV002762

3. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented City Employees

OPEN SESSION

The Council came out of Closed Session to begin the Regular Meeting.

REGULAR MEETING

CALL TO ORDER

Mayor Espinoza called the meeting to order at 7:14 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)

CLOSED SESSION ANNOUNCEMENTS

No announcements were made.

CHANGES TO THE AGENDA

City Manager Ramirez asked that Item No. 9 be continued.

Motion: M/S Espinoza/Land to continue Item No. 9. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Espinoza, Land, and Vierra

NOES: Council Members: None

ABSENT: Council Members: Samra and Aguilar

Council Member Vierra pulled Item No. 8 for comment.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Mayor Rodrigo Espinoza of Recognition Certificates to Police Explorer Post Volunteers at Sweet Potato Festival.

City Manager Ramirez presented the item.

Police Chief Chavez shared what the Explorers had contributed to the festival.

Mayor Espinoza presented Certificates of Appreciation to the Explorers.

GRANT ANNOUNCEMENTS

2. USDA Rural Development Community Facilities Grant Program for funding year 2012-2013 in the amount of $30,000 for the purchase of two police patrol vehicles.

Brenda Geary, Executive Assistant to the Chief of Police presented the information item to the Council.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

None.

City Staff Announcements and Reports.

Community Development Director Kenney commented that the Building Department is currently reviewing signage for Taco Bell. She is currently working on floor plans with the new owners of the La Tierra Subdivision. She announced that the fall Citywide yard sale will be held the third weekend in September.

Recreation Superintendent Benoit reported that the season for the swim team is drawing to an end. Also, co-ed softball starts on Friday and they have six teams so far. Soccer registration ended on Saturday, but has been extended to this Friday. She asked for this information to be translated into Spanish.

Mayor Espinoza stated in Spanish, “The Recreation Department has extended the deadline for soccer registration until Friday. If anybody is still interested in signing up, you have until Friday. Also, the department is still looking for coaches for the younger division.”

City Engineer Gottiparthy relayed that some safety issues were brought to his attention regarding the intersection at Hilltop Avenue. Discussion followed.

Police Chief Chavez reported that traffic safety is near and dear to his heart; his priority is the safety of the children so this coming school year the department will be out there. He announced that August 7 is National Nite Out and invited everyone to attend. This event is being sponsored by West America Bank. The department has implemented the CAD system and has worked very hard at training staff on the use of the system.

Council Member Samra arrived at 7:50 p.m.

David Bates, Fire Department reported that on the 4th of July and due to some of the surrounding events there was an increase in fire activity. On July 3rd they found illegal fireworks being used, the ones coming down from the air and landing in people’s yards and igniting. There was minimal damage.

On July 4th there were three incidents, two fires with no loss and a structure fire linked to use or improper disposal of fireworks. He stated that eliminating fireworks all together and repealing the ordinance would help in the use of illegal fireworks.

Mayor Espinoza thanked Mr. Bates for his comments and stated that the Council would consider his recommendations. He noted that Mr. Bates had to remember that the service groups count on the money coming in from the sale of fireworks so it would be hard to eliminate the fireworks all together.

Council Member Samra stated that he was the one that brought this ordinance forward and said it is a good ordinance. He knows there are people abusing it, and the Police Department is trying its best to hold down the use of illegal fireworks. He said maybe we need to make violations stronger and more expensive for people to listen.

City Manager Announcements and Reports

City Manager Ramirez commented that he was sad to see Armando Rios go, he was getting promoted, but will still be around. He thanked Julio Valadez and Joylynn Peterson for all their great work on the festival along with Nemesio Alcazar. He addressed abatement issues; if you get a notice please contact City Hall and we can come up with a solution.

City Council Members’ Announcements and Reports.

Council Member Vierra asked what is going to happen with the field on “B” Street as the tumbleweeds will be dry soon and the nearby field has been disked.

Council Member Land commented that she saw a sign stating that Taco Bell is hiring. She gave kudos on the sweet potato festival; the attendance was great all three days. She has given her feedback to the City Manager regarding having the sweet potato festival in the fall next year. She also announced that City Treasurer Marge McFadden is in the hospital and not doing well.

Council Member Samra shared that this 4th of July celebration was one of the best he has ever seen. He attended the Atwater event and was recruiting people to come to Livingston on Saturday. He stated that all the hard work that everyone did to make this happen was what made this event a big success.

Mayor’s Announcements and Reports.

Mayor Espinoza commented that he attended the 4th of July celebration in Turlock and only saw about seven vendors and the event wasn’t alive like Livingston’s. He thanked the committee for doing a great job. He mentioned that there will be a Neighborhood Visit on July 30th. He asked the Council to go out and let the citizens know of their presence so they could come out and talk to the Council. He also thanked the fire department for doing a great job as well.

PUBLIC HEARINGS

3. 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 2012/2013.

Jenifer Storsteen, representing Willdan and Associates presented the agenda item.

Mayor Espinoza opened and subsequently closed the hearing at 8:25 p.m. as there were no public comments.

Motion: M/S Vierra/Espinoza to adopt Resolution No. 2012-50, 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 2012/2013. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Aguilar

4. 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 Assessments Districts, Confirming Assessments for Fiscal Year 2012/2013.

The agenda item was presented by Jenifer Storsteen from Willdan and Associates.

Mayor Espinoza opened the hearing at 8:27 p.m.

Collette Alvernaz, P.O. Box 255 stated she knew we are calling it an assessment and that they call it a tax.

Mayor Espinoza closed the hearing at 8:28 p.m., there being no further public comments.

Motion: M/S Land/Espinoza to adopt Resolution No. 2012-51, 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 Assessments Districts, Confirming Assessments for Fiscal Year 2012/2013. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Aguilar

CITIZENS COMMENTS

Bonnie Key, 1601 Second Street announced that Friends of the Library will be honoring Librarian Yvette Enos on July 31st from 1:00 p.m.– 3:00 p.m.. This is an open house so please drop by and visit the library.

Katherine Schell Rodriquez, P.O. Box 163 complimented members of the 4th of July Committee and all the volunteers. She had a question about the car abatement the Police Department is doing. She understands that the Police Department has already sent out around 120 notices to just one portion of town and it took an hour at the post office to get all of these notices out. Some of the notices issued ended up for cars that are running and being driven on a daily basis. She asked if the reimbursement that the Police Department is getting covers the car being abated or is the Police Department making a profit on each vehicle. Her concern is that it is summer and many of us will be going on vacation and leaving on certain days of the week. She asked since the cars won’t be moving around will we have to report to the Police Department to make sure our cars won’t get a notice?

Also regarding agenda item 9 which was continued do we recently see the need to expand the domestic wastewater treatment facility in the next 20 years which is when the solar array will be in place. Do you believe Livingston’s population will grow enough to justify the need for more sewer ponds. Is it reasonable to consider new state regulations that would require the plant to expand in other ways over the next 20 years and with the solar array taking up space where do you plan on getting any extra land you will need or will you be able to fit it all in the land you already own and that is zoned for public use.

Mayor Espinoza stated that the land that the City bought was purchased for the wastewater treatment plant expansion.

Police Chief Chavez commented that the abatement program is run through the state and is an effort to beautify Livingston. You can tell by the weeds, dirt and cobwebs that these vehicles haven’t been driven in some time. They have been going by their CAP areas. Officers are assigned to detail area one, two and three. This is all reimbursable, any equipment and personnel costs is paid for by the program.

In response to Ms. Schell Rodriguez’s question, City Manager Ramirez explained they look at that acreage all the time, and without those questions the project would actually be dead. So they identified a three acre piece of property that is not currently being used and does not have any bearing on future expansions. A cost analysis will also be done and the whole emphasis behind that is to create positive cash flow for the overall budget that we have for the wastewater treatment plant. Thank you for asking those questions.

Collette Alvernaz raised the following questions submitted in a letter to the Council and City staff, dated July 17, 2012, specifically clarity on the subject of wells on land being annexed into the City of Livingston. In her letter Mrs. Alvernaz said she has been reviewing the City of Livingston Code, Chapter 5, Water Service Policies, Rules and Regulations:

9-5-5: CITY IS SOLE SOURCE OF WATER SERVICE

To protect the health, safety and welfare of the community and provide efficiency in the delivery of municipal services, the City of Livingston shall be the only allowed source of municipal, industrial and domestic water supply within the incorporated boundaries of the City with the exception of bottled water purchased for consumption from licensed vendor or retail store, and the further exception of wells in existence prior to the effective date of Section 8-4-2 of this Code.

9-5-7: PRIVATE WATER WELLS PROHIBITED

Except for wells in existence prior to the effective date of Section 8-4-2 of this Code, no person, firm, association, corporation or any other entity shall drill, install, sink, construct, maintain or use a water well within the City limits of Livingston.

Section 8-4-2: NEW WELLS, RESTRICTIONS:

No person may drill, dig or install a water well within the City for any purpose whatsoever, save and except for the City Water Department.

Question 1: What happens to existing wells when the property is annexed into the City of Livingston City limits?

Question 2: What happens to existing wells when the property is annexed into the City or Livingston Sphere of Influence?

Question 3: What happens if a new well needs to be drilled on land that is being used for agricultural purposes, but has been annexed into the City of Livingston City limits in the General Plan?

Question 4: Question 3: What happens if a new well needs to be drilled on land that is being used for agricultural purposes, but has been annexed into the City of Livingston Sphere of Influence in the General Plan?

Question 5: The classifications that I can find are: municipal, industrial and domestic. Are there other classifications? If so, what are they? How does the City of Livingston classify water used for agricultural use?

Question 6: What is the effective date of Section 8-4-2 that is mentioned in Section 9-5-5 and 9-5-7?

How does this pertain to future land annexed into the City of Livingston?

City Manager Ramirez stated that he would have a response to her questions at the next meeting.

Mike Sperry, 737 Main Street said he has inquired about placing some tables at the back of the Council Chambers for the audience and asked if they were going to get them.

City Manager Ramirez stated that they were not warranted.

Mr. Sperry asked for an answer to the question that John Mucci asked “who wrote the contract with the Gustine Police Department?”

City Manager Ramirez stated that that question has been answered.

Mr. Sperry asked how long the LPOA negotiations have been going on and could they be informed on the closed session meeting.

City Attorney Sanchez responded that the law requires certain things to be reported out, and it is up to the Council on what they would like to report.

Mr. Sperry stated that he was sorry for his outburst at the last meeting, but he really was not sorry. He gave praise to the 4th of July Committee. He mentioned that Margarita Aguilar attended two meetings and she does not carry the title of liaison. He heard a lot of complaints about the lack of sweet potatoes and saw one display and ate one of the three pies.

Julio Valadez, P.O. Box 701 stated that it was the sound system that delayed everything. He thanked everyone that helped out at the festival including the City Manager and Council.

Mayor Espinoza asked if there was an estimate on any of the attendance records.

Mr. Valadez responded that on Sunday there were more people, about 40,000 he thought.

Mayor Espinoza noted that he will try and volunteer next year and to please send him emails.

Joylynn Peterson stated that the committee wants to move the event to a larger location next year and wanted to bring it to the Council’s attention now. She suggested the Max Foster Park. The committee would like the event to be held July 4-6 next year and have the fireworks on the 4th of July.

Nemesio Alcazar, 1450 Second Street asked where Max Foster Park is located. He stated he was at the town hall meeting and it was mentioned that the 4th of July Festival was not going to be on the 4th and everyone was surprised. He suggested that if the festival is not going to be on the 4th of July can we call it something else like Patriotic Festival or something. He was in Merced not long ago and it is almost expected and now people look forward to this festival. It is such a great event, almost like the highlight of this town. He stated that hopefully we can move the festival to the 4th of July in the future.

Mayor Espinoza said he thought the people liked having it on Saturday.

Council Member Land stated that this is your committee you can call it what you like. She asked if we could conduct two festivals, one in the fall for the sweet potatoes and one for the 4th of July.

Jesus Perez, committee member stated that he would appreciate more volunteers for the 4th of July.

CONSENT CALENDAR

5. Resolution No. 2012-52 for the Acceptance of the Energy Efficiency and Conservation Block Grant (EECBG) – Grant No. CBG-09-093- “Replacement of Motors at Water Wells 8,9,11 and 13”, and “Citywide Streetlight Retrofit Project”, Authorizing the City Clerk to Record Notices 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 Shannon Pump Company and to Tennyson Electric, Inc.

6. Adopt Resolution No. 2012-53 Authorizing the City Manager to Execute Agreements with the Stewardship Council for a Grant Application.

7. Resolution Approving a Two (2) Year Memorandum of Understanding between the City of Livingston and the AFSCME Public Works and Parks Employees Unit.

8. Approval of Warrant Register Dated July 13, 2012.

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

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

NOES: Council Members: None

ABSENT: Council Members: Aguilar

Motion: M/S Land/Vierra to approve consent agenda item 7 and adopt Resolution No. 2012-54. The motion carried 3-1 by the following roll call vote:

AYES: Council Members: Land, Vierra and Samra

NOES: Council Members: Espinoza

ABSENT: Council Members: Aguilar

Council Member Vierra asked if he could see a report on how the 4th of July Festival did.

City Manager Ramirez responded that the City was selling a lot of tickets for the carnival; the City got 30% of pre-sale and 25% on the day of the event. He noted that the committee made about $9,000 and the City may have broken even.

Motion: M/S Land/Espinoza to approve consent agenda item 8. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Aguilar

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Approval of Investment Grade Audit Contract with Schneider Electric, Inc.

This item was continued at request of City Manager Ramirez.

10. Rental of Max Foster Sports Complex Picnic Shelter.

Recreation Superintendent Benoit presented the agenda item.

Mayor Espinoza asked that this information be placed on Facebook. He thought it was great that people could use the facility.

Council Member Land asked about a discrepancy on the agreement was it 7 or 10 days prior to being rented.

Collette Alvernaz stated that she liked the fact that we were keeping the cost low.

Motion: M/S Espinoza/Land to approve rental of the Max Foster Sports Complex Picnic Shelter. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Aguilar

ADJOURNMENT

The meeting was adjourned by consensus at 9:16 p.m.

______________________________­­_

City Clerk of the City of Livingston

APPROVED: December 4, 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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