3. Minutes of Meeting Held on October 16, 2012.

Meeting Date: January 15, 2012

Agenda Item #3. Minutes of Meeting Held on October 16, 2012.

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

OCTOBER 16, 2012

A Closed Session/Regular Meeting of the Livingston City Council was held on October 16, 2012, in the City Council Chambers with Mayor Pro-Tem Aguilar presiding.

CLOSED SESSION

CALL TO ORDER

Mayor Pro Tem Aguilar called the meeting to order at 5:33 p.m.

ROLL CALL

Mayor Rodrigo Espinoza (Excused Absence)

Mayor Pro-Tem Margarita Aguilar

Council Member Frank Vierra

Council Member Theresa Land

Council Member Gurpal Samra (Excused Absence)

Mayor-Pro Tem Aguilar opened the meeting for public comments. There were no comments from the public. The Council subsequently adjourned to Closed Session at 5:33 p.m. to discuss the following matters:

1. Conference with Legal Counsel – Potential Litigation

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

Number of Cases: 4

2. 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 Pro-Tem Aguilar 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 (Excused Absence)

Mayor Pro-Tem Margarita Aguilar

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 requested that Items 7 and 8 be continued to the next regularly scheduled meeting. He also asked that the Council approve adding an urgency item to the agenda in support of two grant applications by the Merced Union High School District and a ceremonial item relating to the 75th anniversary of Saint Jude Thaddeus Roman Catholic Church.

Motion: M/S Vierra/Aguilar to continue Items 7 and 8. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Land, Aguilar and Vierra

NOES: Council Members: None

ABSENT: Council Members: Espinoza and Samra

Motion: M/S Land/Vierra to add the ceremonial item for Saint Jude Catholic Church to the agenda. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Land, Aguilar, and Vierra

NOES: Council Members: None

ABSENT: Council Members: Espinoza and Samra

City Attorney Sanchez requested that Item 5 be pulled for a brief discussion.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation: Turlock Scavengers – Solid Waste Services.

Alan Marchant, Owner/President of Turlock Scavengers gave a detailed presentation on the solid waste services provided by his company.

2. Presentation: Mid Valley Disposal – Solid Waste Services.

Yvette Rodriquez and Joseph Kalpakoff, representing Mid Valley Disposal also gave an in-depth presentation on the solid waste services the company provides.

3. Presentation: Regional Transportation Plan and Sustainable Communities Strategy Introduction, Matt Fell, Transportation Manager, Merced County Association of Governments.

Matt Fell provided an informative introduction to the Regional Transportation Plan and Sustainable Communities Strategy.

GRANT ANNOUNCEMENTS

None.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

None.

City Staff Announcements and Reports.

Recreation Superintendent Benoit shared that soccer is winding down. On Saturday the Knights of Columbus is presenting a soccer challenge. There will be a baseball tournament at Alvernaz Field November 16 -18th; basketball registration is beginning for ages 3 through 8th grade; the annual lighted Christmas parade is on schedule and the theme this year is Picture Perfect Christmas. They will be laying sod at the Lil Guys and Gals Field on November 17th if anyone would like to come out and help.

Police Chief Chavez gave an update on the burglary action plan, abandoned vehicle abatement program and animal control program. On Sunday, November 4th from 10:00 a.m.to 2:00 p.m. there will be an animal vaccination clinic at Memorial Park. He also gave an update on the cultivation of marijuana. Chief Chavez noted that the department is doing a lot of community outreach and the Explorers have currently put together a website.

Council Member Land thanked Chief Chavez for all that he and his staff do.

Council Member Vierra added that when the Explorers come back from events they are so excited.

City Engineer Gottiparthy gave an update on the Phase II water line improvements.

Public Works Director Molina gave an update on activities in his department; they have been working on the sports complex, trimming trees and other projects. They have also been replacing outdated signs at the parks.

City Manager Announcements and Reports.

City Manager Ramirez introduced Dr. Kelley Vince and Victoria Boyington representing the Merced Union High School District who were in attendance to seek the Council’s support for two grants the school district is applying for. One grant is for Rise to the Top which was due by October 26th and the other was for an ASSETS After School Program. He asked the Council to add this item to the agenda to support MUHSD’s efforts to help students achieve higher goals.

Dr. Kelley Vince shared information regarding the grants.

Motion: M/S Vierra/Aguilar to add the item supporting the MUSD in its grant application efforts. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Land, Aguilar, and Vierra

NOES: Council Members: None

ABSENT: Council Members: Espinoza and Samra

City Council Members’ Announcements and Reports.

Council Member Vierra commented that the Council went through RTIF very quickly and the vote was 3-2; however, an article in the Merced Sun-Star showed the Council supported RTIF 100%. He stated that impact fee is affecting commercial and industrial and now here we sit with RTIF and we have a neighbor that has put it on hold. He wanted to share that with the Council who rushed it though with a 3-2 vote.

He believed at the last meeting that the Council had passed along their opinions on Gallo Court and gave direction that the no parking signs were to be on one side of the street from Subway and Carl’s Jr. and would only be on the Jack-in-the-Box side. Also, McDonald’s and Taco Bell did not want theirs down, but now all signs are down everywhere. He asked who changed their direction.

Council Member Land commented that she asked this very question of the City Manager yesterday. The motion was made to remove the signs on the Gallo Court side and also on one side of the driveway side and that is not what she thought it was, but she listened to the tape again and that was not her understanding of the motion.

Mayor Pro-Tem Aguilar stated that she believed that is what the Mayor wanted, but there was no second to his motion.

Council Member Vierra added that McDonald’s and TA were not to be touched.

Council Member Land again stated that the motion was for the Gallo Court side and one side on the driveway side as well.

City Manager Ramirez commented that no permanent decision has been made, so if the Council wanted to give direction staff would be happy to do what they wanted.

Council Member Vierra reiterated that this was not what he had voted on.

Council Member Land again added that she listened to the audio version of the meeting which was very hard to understand so she approached the matter a couple of ways. She too commented that was not what she had voted on.

Council Member Vierra also commented on the Charter channel. The people in the community are not happy because there is no voice when they are viewing a meeting. He asked if we are paying Charter for this service and if so for what?

City Manager Ramirez responded that Charter unfortunately has been unresponsive not only to this issue, but other issues as well. He has sent written complaints to the PUC.

Council Member Vierra asked a question regarding the Child Care Center contract and if we are still paying for things that we are not using?

City Manager Ramirez stated that he has had many discussions with Mr. Zamora and if we start looking at negotiating the contract we are going to have to start paying for use of the facilities that are used for recreation programs.

Council Member Vierra asked what facilities we use.

Recreation Superintendent Benoit noted that we are currently using quite a few LUSD facilities and we do not pay for utilities or maintenance. The school district has been good to us and they always help us out when needed.

City Manager Ramirez clarified that the RTIF Ordinance was never adopted by the Council, just introduced.

Council Member Land relayed that the 75th anniversary of St. Jude’s Catholic Church was on October 28th and she invited everyone to the celebration.

Mayor Pro-Tem Aguilar shared that Red Ribbon was starting on October 26th.

Mayor’s Announcements and Reports.

None.

City Council Future Agenda Item Requests.

Council Member Land requested that an item relating to booth rentals for the 4th of July come back to Council.

City Manager Ramirez commented that Mayor Espinoza and Council Member Samra requested that we wait on this item.

Mayor Pro-Tem Aguilar said it would be great to move forward with the item with this Council, so it would be okay to bring it forward.

Council Member Vierra agreed.

Katherine Schell Rodriquez, P.O. Box 163 stated that this Future Agenda Item Requests did not state that it was limited to Council Members only so it is only appropriate to allow the public to make requests as well. She asked for a report for water, garbage and sewer. Also, to start having the treasurer’s report presented by the City Treasurer relaying how much money is left and how much money is being spent on attorney’s fees. Then start adding this as a regular agenda item in the future.

City Attorney Sanchez advised on how agenda items will work in the future.

PUBLIC HEARINGS

None.

CITIZENS COMMENTS

Katherine Schell Rodriquez, P.O. Box 163 stated she was very disappointed that the item on the arsenic removal was tabled. The California Department of Health inspection report that she has refers to the arsenic problems in City wells and Well 16 over and over again. Most of the issues in the inspection report should have been taken care of months ago. She commented that there is a quorum and decision makers here tonight and she is getting sick and tired of hearing that items get pulled so that all Council Members can hear. Ms. Schell Rodriguez questioned if the present Council is planning to get this problem taken care of before the new Council is seated?

She addressed the City Attorney and stated that she is still going through her stack of protest letters from the last Prop 218 hearing and she has noticed multiple letters from multiple addresses all signed with the same name and same signature. She asked when it is okay for the same person to sign their name to more than one protest letter from one address and have that ballot count as a ballot protest.

City Manager Ramirez addressed the first question regarding Well 16. Well 16 will be addressed at the next meeting. We have been putting quite a bit of effort into Well 16 as are the Stakeholders Committee as this is a very important decision. We are looking at the complete system not only Well 16.

In regards to Prop 218, City Attorney Sanchez stated that the proposition counts parcels as part of property owners. His firm will be preparing rules on the Prop 218 process for staff on how to allow ballots for counting purposes, etc.

Nemesio Alcazar, 1450 Second Street shared that on Wednesday night his dad’s truck was vandalized while he was awake. After he did some research he found that this crime occurs in waves in the City. He cautioned residents to report anything unusual that they see in their area. Mr. Alcazar asked if the first meeting in November would be cancelled, and if so, when would the public know.

City Manager Ramirez stated that the November 4th meeting would be cancelled because it falls on Election Day. The next regular meeting is scheduled for October 30th.

Mike Sperry, 737 Main Street stated that he has been out walking and everyone’s biggest concern is the water. Everyone has noticed the improvements, but the water is the biggest comment out there. He wanted to know who the potential litigators are. He also asked the Police Chief who was in charge of the zombie shoot today. The locals were not invited to donate and he was offended. He commented that two months ago two officers were approached by the Chief and they were told not to frequent the gun shop. All attendance by all officers has been stopped and he asked what other businesses were targeted?

CONSENT CALENDAR

4. Resolution No. 2012-68 for the Acceptance of the Cal Fire Station #96 Vertical Air Flow Exhaust

Removal System Project, Authorizing the City Clerk to File a Notice of Completion with the Merced County Recorder’s Office and Authorizing the City Manager to Release Performance and Materials Bonds and Make Final Payment of Retention Monies to Tri-Phase Electric, Inc.

5. Authorize the City Manager to Execute a Professional Services Agreement with the Local Government Commission.

6. Resolution No. 2012-69 Adopting the 2011 City of Livingston Emergency Operation Plan.Motion: M/S Land/Aguilar to approve consent agenda Items 4 and 6. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Land, Aguilar, and Vierra

NOES: Council Members: None

ABSENT: Council Members: Espinoza and Samra

City Manager Ramirez presented Item 5.

City Attorney Sanchez gave an explanation regarding the agreement and noted the Local Government Commission conditions have recently raised some questions and possible modifications that we are going to look at. Due to time constraints this cannot be delayed. If anything changes the changes will be minor. But, none the less the agreement is before Council tonight so in order to have flexibility to make minor changes such as to answer some of the questions about business licenses, facilities and equipment we would like if the motion is made to state that it is in a form approved by the City Attorney.

City Manager Ramirez stated that we just received a $100,000 grant and funds will likely be received in March. There will be an approximate 3-4 day curate and everyone will be invited to come up with areas that need to be focused on.

Motion: M/S Aguilar/Land to approve consent agenda Item 5, authorizing the City Manager to execute a Professional Services Agreement with the Local Government Commission in a form approved by the City Attorney. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Land, Aguilar and Vierra

NOES: Council Members: None

ABSENT: Council Members: Espinoza and Samra

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Resolution Authorizing the Purchase of a Security Surveillance Camera System that Implements High-End Video Analytics and a License Plate Recognition System.

Continued to next regularly scheduled meeting.

8. Resolution to Award a Contract to Filtronics, Inc. of Anaheim, California for Goods and Services Provided to Change Out the Arsenic Removal Media for the Well 16 Arsenic Removal Treatment Systems and Authorizing the City Manager to Execute the Agreement.

Continued to next regularly scheduled meeting.9. Resolution Recognizing the 75th Anniversary of Saint Jude Thaddeus Roman Catholic Church.

City Manager Ramirez asked the Council to recognize this acknowledgement.

Motion: M/S Land/Vierra to adopt Resolution No. 2012-70 recognizing the 75th Anniversary of Saint Jude Thaddeus Roman Catholic Church. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Land, Aguilar, and Vierra

NOES: Council Members: None

ABSENT: Council Members: Espinoza and Samra

10. Merced Union School District Race to the Top Grant.

City Manager Ramirez presented the item.

Council Member Vierra stated that these are after school activities and currently they have several clubs and will any support be given to those clubs or only the new ones. He also asked if any of these monies will be able to help those currently working.

Dr. Kelly Vince responded yes, that this is the vision of the Boys and Girls Club.

Council Member Vierra stated that these are clubs though that are currently working.

Dr. Vince noted that the state grant will also be for current clubs.

Council Member Vierra commented that instead of doing fundraisers we could be doing more activities.

Dr. Vince added that their character education program will be written into the program and that would be one to offer more resources.

Brief discussion followed.

Motion: M/S Vierra/Land to adopt Resolution No. 2012-71 supporting the Merced Union High School District in their effort to secure a Race to the Top Grant for the purpose of building school infrastructure and, teaching methodologies to improve student achievement. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Land, Aguilar, and Vierra

NOES: Council Members: None

ABSENT: Council Members: Espinoza and Samra

ADJOURNMENT The meeting was adjourned by consensus at 9:23 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: January 15, 2013

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