OCTOBER 16, 2012 Draft Minutes

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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 tabled and presented at the next scheduled meeting. He also requested that a ceremonial item be added to the agenda.

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 a ceremonial item in regards to the 75th anniversary of Saint Jude Thaddeus 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

City Attorney Sanchez requested that Item No. 5 be pulled for a brief discussion.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation: Turlock Scavengers – Solid Waste Services.

Alan Marchant, Owner/President gave a presentation on solid waste services.

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

Yvette Rodriquez and Joseph Kalpakoff gave a presentation on solid waste services.

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

Matt Fell presented the item on behalf of MCAG.

GRANT ANNOUNCEMENTS

None.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

None.

City Staff Announcements and Reports.

Recreation Superintendent Benoit relayed that soccer is winding down. Saturday the Knights of Columbus is presenting a soccer challenge. There will be a baseball tournament at Alvernaz Field November 16th-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. There will be a vaccination clinic for dogs and cats on Sunday, November 4th from 10:00 a.m. to 2:00 p.m. at Memorial Park. Chief Chavez also gave an update on the growing of marijuana; 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 noted that when the Cadets come back from events they are so excited.

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

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 They have also been replacing outdated signs at the parks.

City Manager Announcements and Reports

City Manager Ramirez introduced two representatives from the Merced Union High School District. He shared that MUHSD was applying for two grants, one grant was Race to the Top and was due by October 26th, and the other was for an ASSETS After School Program. The school district representatives have come in to ask for Council support on the grants and to partner up to support one another. He asked Council to add the item to the agenda in a form to support the school district in its effort to help students to achieve higher goals.

Dr. Kelley Vince, MUHSD shared information regarding the grants.

Motion: M/S Vierra/Aguilar to add this item to the agenda and adopt Resolution No. 2012-71 supporting the Merced Union High School District in its 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

City Council Members’ Announcements and Reports.

Council Member Vierra stated that we rushed through the Regional Transportation Impact Fee (RTIF ) item very quickly and it was a 3-2 vote and they were told we made it a 100%. He shared an article in the Merced Sun Star. This is affecting commercial and industrial and now here we sit with RTIF and we have a neighbor that has put it on hold. He just wanted to share that with the Council who rushed it though with a 3-2 vote.

He believed that at the last meeting they had passed along their opinions on Gallo Court and gave direction that the signs were to be on one side of the street from Subway and Carl’s Jr. that they would only be on the Jack-in-the-Box side. And then McDonald’s and Taco Bell did not want their signs down, but all the 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 again to the tape 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 the motion.

Council Member Vierra added that McDonald’s and Travel Centers of America were not to be touched.

Council Member Land reiterated 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 exactly what they wanted.

Council Member Vierra repeated that again that was not what he had voted on.

Council Member Land reiterated that she listened to the meeting from the audio version which was very hard to understand so she approached the matter a couple of ways. She also agreed 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 sound. He asked if we were 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 Public Utilities Commission (PUC).

Council Member Vierra subsequently 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. Andres Zamora and if we start looking at negotiating the contract we are going to have to start paying for usage of the facilities that our recreation programs use.

Council Member Vierra asked what facilities do we use.

Recreation Superintendent Benoit shared that we are currently using quite a few Livingston Union School District facilities and we do not pay for utilities or maintenance. They have been good to us and always help us out when help is needed.

City Manager Ramirez noted that the RTIF Ordinance was never adopted, just introduced.

Council Member Land informed everyone of the 75th anniversary of Saint Jude’s Catholic Church. She invited everyone to the celebration on October 28th.

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

Mayor’s Announcements and Reports.

None.

City Council Future Agenda Item Requests.

Council Member Land requested that the booth rentals for the 4th of July be brought back before the Council.

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

Mayor Pro-Tem Aguilar commented that it would be good to move forward with this item with the current Council. Council Member Vierra agreed.

Katherine Schell Rodriquez, P.O. Box 163 stated that this item did not state that it was limited to Council Members only, so it is only appropriate to allow the public to make a request as well. She asked for a report for water, garbage and sewer. Ms. Schell Rodriguez also requested to have the Treasurer’s Report be reported by the City Treasurer and that she relay how much money is left and how much money is being spent on attorney’s fees. Then start adding the report as a regular agenda item in the future.

City Attorney Sanchez advised on how future agenda items will develop.

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 repeatedly refers to the arsenic problems in City wells, specifically Well No.16. Most of the issues that the inspection report shows should have been taken care of months ago. You have a quorum here and I see people who can make decisions and she is getting sick and tired of hearing that we pull items so that all the Council Members can be present. Her question is are you planning to get this taken care of before the new Council is seated? Ms. Shell Rodriguez posed a question to the City Attorney. She stated that she was going through a stack of protest letters that were presented during the last Proposition 218 hearing and she noticed multiple letters from multiple addresses all signed with the same name and signature. When is it 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 No. 16. Well 16 will be addressed at the next meeting. We have been putting in quite a bit of effort into Well No. 16 as is the Stakeholders Committee as this is a very important decision. We are looking at the complete system not only Well No. 16.

In regards to Proposition 218, City Attorney Sanchez stated that it counts parcels as part of property owners. We will be preparing rules for staff on the Proposition 218 process and how to allow ballots for counting, etc.

Nemesio Alcazar, 1450 Second Street shared that on Wednesday night his father’s truck was vandalized. The incident happened while he was awake and after doing some research he learned that vandalism occurs in waves in the City. He commented to the public that if they see anything within their area to definitely report it. He asked if the next Council meeting would be cancelled and, if so, when would the public know.

City Manager Ramirez stated that the next regular meeting falls on Election Day, November 6th and he expected the next meeting to be held on October 30th.

Mike Sperry, 737 Main Street stated that he has been out walking around 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 to the Chief that two months ago two officers were approached by him and they were told not to frequent the gun shop. Attendance by all the 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 in a form approved by the City Attorney.

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 No. 5.

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

City Manager Ramirez stated that we just received a $100,000 grant which we would likely receive in March. There will be about a 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. 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.

This item was tabled.

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 System and Authorizing the City Manager to Execute the Agreement.

This item was tabled.

9. Resolution No. 2012-70 Acknowledging the Seventy-Fifth Anniversary of Saint Jude Thaddeus Roman Catholic Church.

This item was added to the agenda by a 3-0 vote earlier in the meeting.

Motion: M/S Land/Vierra to approve Item No. 9. 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. Resolution 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.

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 or the new ones. He also asked if any of these monies will be able to help those currently working.

Kelly Vince, representing the school district responded yes, this is the vision of the boys and girls club.

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

Kelley Vince noted that the state grant will apply to current clubs.

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

Kelly 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 approve Resolution No. 2012-71 in support of the Merced Union High School District Raise to the Top grant. 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: 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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