How They Voted in 2009

The information on this page has been obtained by editing down Draft Minutes. I have highlighted some items in Bold and Italics for informational purposes only.

If you wish to read the discussion leading up to each vote, click on the links provided.

JANUARY 20, 2009

ROLL CALL

   Mayor Daniel Varela, Sr.

   Mayor Pro-Tem Rodrigo Espinoza

   Council Member Frank Vierra

   Council Member Margarita Aguilar

   Council Member Martha Nateras

PUBLIC HEARINGS

5.     Resolution of the City Council of the City of Livingston Authorizing the City Manager to Enter into a Joint Powers Agreement (JPA) or Memorandum of Understanding (MOU) Between the City of Livingston and the County of Merced Authorizing the County to Submit an Application for Funding on Behalf of the City under the Neighborhood Stabilization Program (NSP) Allocation of the State Community Development Block Grant Program (CDBG).

Motion:  M/S Vierra/Nateras to adopt Resolution No. 2009-1, The motion carried 5-0 by the following vote:

AYES:                  Council Members:          Aguilar, Espinoza, Nateras, Varela, Vierra

NOES:                  Council Members:          None

ABSENT:   Council Members:          None

ABSTAIN: Council Members:          None

 

CONSENT CALENDAR

Mayor Pro-Tem Espinoza asked that Items 6 and 7 be voted on separately and Item 8 be pulled for discussion.

6.     Waive the Second Reading and Adopt Ordinance No. 577, an Ordinance of the City Council of the City of Livingston Codifying Civil Code Section 2929.3 Relating to Failure to Maintain Vacant Residential Real Properties in Foreclosure.

Motion:  M/S Vierra/Nateras to Waive the First Reading and Adopt Ordinance No. 577, Codifying Civil Code Section 2929.3 The motion carried 4-1 by the following vote:

AYES:                  Council Members:          Aguilar, Nateras, Varela, Vierra

NOES:                  Council Members:          Espinoza

ABSENT:   Council Members:          None

ABSTAIN: Council Members:          None

7.     Waive the Second Reading and Adopt Ordinance No. 578, an Ordinance of the City Council of the City of Livingston Establishing Policies, Rules and Regulations Governing Grading, Erosion and Sedimentation Control and Adding Chapter 6 to Title 4 of the Livingston Municipal Code.

Motion:  M/S Vierra/Varela to Waive the Second Reading and Adopt Ordinance No. 578 The motion carried 4-1 by the following vote:

AYES:                  Council Members:          Aguilar, Nateras, Varela, Vierra

NOES:                  Council Members:          Espinoza

ABSENT:   Council Members:          None

ABSTAIN: Council Members:          None

8.     Resolution Authorizing the City Manager to Enter into an Agreement with Phil Martin & Associates, Inc. for the Environmental Assessment of the Blueberry Crossing Project Site.

Motion:  M/S Varela/Espinoza to adopt Resolution No. 2009-2, The motion carried 5-0 by the following vote:

AYES:                  Council Members:          Aguilar, Espinoza, Nateras, Varela, Vierra

NOES:                  Council Members:          None

ABSENT:   Council Members:          None

ABSTAIN: Council Members:          None

9.  Resolution Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974.  (Resolution No. 2009-3).

10. Approval of Minutes of Meeting Held on December 16, 2008.

11. Approval of Warrant Register Dated December 30, 2008.

12. Approval of Warrant Register Dated January 15, 2009.

Motion:  M/S Vierra/Nateras to approve consent calendar items 9-12.  The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEM

13. Consideration of Merced Union High School District’s Request to Close Peach Avenue, Designate which Street Alternative the City Council is Interested in Pursuing and Provide Guidance to City Staff and the Merced Union High School District.

Motion:  M/S Varela/Espinoza to eliminate Option 1 (closing Peach Avenue) and continue this item to the next meeting.  The motion carried 3-0 by the following vote:

AYES:        Council Members:          Aguilar, Varela, Vierra

NOES:                  Council Members:          None

ABSENT:   Council Members:          None

ABSTAIN: Council Members:          Nateras, Vierra

14.Introduce and Waive the First Reading of an Ordinance of the Livingston City Council Amending Sections 2-1-2, 2-2-3, 2-3-3, 2-4-3 of the Livingston Municipal Code to Require the Automatic Vacancy of Members of City Boards, Commissions, Committees and Other Bodies Created by the City Council for Failing to Attend Meetings.

Motion: M/S Varela/Vierra to continue this item to the next regular meeting.  The motion carried 5-0. 

15.Resolution Delaying Enforcement of Livingston Municipal Code (LMC) Section 5-6-5 Concerning Vacant Nonconforming Residential Units in the Downtown Commercial Zoning District (DTC) for Two (2) Years.

Motion:  M/S Varela/Aguilar to adopt Resolution No. 2008-4, The motion carried 4-1 by the following vote:

AYES:                  Council Members:          Aguilar, Nateras, Varela, Vierra

NOES:                  Council Members:          None

ABSENT:   Council Members:          None

ABSTAIN: Council Members:          Espinoza

ADJOURNMENT   

 

FEBRUARY 3, 2009

ROLL CALL

   Mayor Daniel Varela, Sr.

   Mayor Pro-Tem Rodrigo Espinoza

   Council Member Frank Vierra

   Council Member Margarita Aguilar

   Council Member Martha Nateras

CONSENT CALENDAR

     The Council considered the following items for approval under the consent calendar:

4.     Approval of Minutes of Meeting Held on January 20, 2009. 

5.     Approval of Warrant Register Dated January 28, 2009.

Motion:  M/S Nateras/Vierra to approve the consent calendar items, with an amendment to the minutes on page 12, third paragraph, to reflect that Council Member Aguilar and not Council Member Nateras made a comment.  The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEM      

6. Introduce and Waive the First Reading of an Ordinance of the Livingston City Council Amending Sections 2-1-2, 2-2-3, 2-3-3, 2-4-3 of the Livingston Municipal Code to Require the Automatic Vacancy of Members of City Boards, Commissions, Committees and Other Bodies Created by the City Council for Failing to Attend Meetings.  

Motion:  M/S Varela/Vierra to Introduce and Waive the First Reading The motion carried 3-2 by the following vote:

AYES:        Council Members:          Nateras, Varela, Vierra

NOES:        Council Members:          Aguilar, Espinoza

ABSENT:   Council Members:          None

7. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Amending Section 2-2-2(A) of the Livingston Municipal Code to Provide for the Appointment of an Alternate Member to the Planning Commission.

Motion:  M/S Varela/Nateras to Waive the First Reading The motion carried 5-0 by the following vote:

AYES:                  Council Members:          Aguilar, Espinoza, Nateras, Varela, Vierra

NOES:                  Council Members:          None

ABSENT:             Council Members:          None

8. Discussion and City Council Guidance on Proposed Professional Services Agreement Between the City of Livingston and Bureau Veritas North America, Inc. for Building Inspection and Code Enforcement Services.

Motion:  M/S Varela/Nateras to approve: The motion carried 5-0.

9.  Consideration of Grand Jury Postscript to FY 2007-08 Grand Jury Report.

  Motion:  M/S Varela/Aguilar to direct the City Attorney to solicit bids from individuals and/or firms to conduct an independent administrative and operational inquiry regarding certain allegations in the Grand Jury transcript and authorize the City Attorney to select the consultant and authorize the inquiry.  The motion carried 4-0.

ADJOURNMENT

FEBRUARY 17, 2009

ROLL CALL

   Mayor Daniel Varela, Sr.

   Mayor Pro-Tem Rodrigo Espinoza

   Council Member Frank Vierra

   Council Member Margarita Aguilar

   Council Member Martha Nateras

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

4.  Planning Commission Appointments.

Motion:  M/S Vierra/Aguilar to reopen the application period, accept applications and conduct interviews.  The motion carried 5-0.

5.Water Rate Study Presentation by Raftelis Financial Consultants, Inc. and Authorization for Public Hearing.

Motion:  M/S Varela/Vierra to authorize the City Manager to advertise and schedule Proposition 218 Public Hearing.  The motion carried 5-0.

6.     Domestic Wastewater Rate Study Presentation by Raftelis Financial Consultants, Inc. and Authorization for Public Hearing.

Motion:  M/S Varela/Vierra to authorize the City Manager to schedule a Proposition 218 Public Hearing.  The motion carried 5-0.

7. Solid Waste Rate Study Presentation by Raftelis Financial Consultants, Inc. and Authorization for Public Hearing.

Motion:  M/S Vierra/Nateras to authorize the City Manager to schedule a Proposition 218 Public Hearing.  The motion carried 5-0.

CONSENT CALENDAR

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

9.Waive Second Reading and Adopt Ordinance No. 579, an Ordinance of the Livingston City Council Amending Sections 2-1-2, 2-2-3, 2-3-3, 2-4-3 of the Livingston Municipal Code to Require the Automatic Vacancy of Members of City Boards, Commissions, Committees and Other Bodies Created by the City Council for Failing to Attend Meetings.

10. Waive Second Reading and Adopt Ordinance No. 580, an Ordinance of the City Council of the City of Livingston Amending Section 2-2-2(A) of the Livingston Municipal Code to Provide for the Appointment of an Alternate Member to the Planning Commission.

11. Resolution Authorizing the City Manager to Enter into an Agreement with URS Corporation for the Environmental Assessment of the Foster Farms Rendering Plant Project Site.

Motion:  M/S Vierra/Nateras to approve Item #11, Resolution No. 2009-5, The motion carried 4-0 by the following vote:

AYES:                  Council Members: Aguilar, Espinoza, Nateras, Vierra

NOES:                  Council Members: None

ABSENT:    Council Members: None

ABSTAIN:  Council Members: Varela

12. Resolution for the Acceptance of the Proposition 13 Water Line and Alleyway Paving Improvements, 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 Preston Pipelines, Inc.

Motion:  M/S Nateras/Aguilar to continue this item to the next regular meeting.  The motion carried 5-0.

13. Denial of Claim for Damages from Vernard Sims.

14. Approval of Minutes of Meeting Held on February 3, 2009.

15. Approval of Minutes of Meeting Held on February 4, 2009.

16. Approval of Warrant Register Dated February 11, 2009.

Motion:  M/S Vierra/Nateras to approve the consent agenda items with the exception of Items #11 and #12 and corrections to the Minutes of February 3, 2009.  The motion carried 5-0.

 

ADJOURNMENT

 

MARCH 3, 2009

ROLL CALL

   Mayor Daniel Varela, Sr.

   Mayor Pro-Tem Rodrigo Espinoza

   Council Member Frank Vierra

   Council Member Margarita Aguilar

   Council Member Martha Nateras

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS 

4.Appointment of Planning Commissioners.

Mayor Varela made a motion to approve Resolution No, 2009-6 appointing Roy Soria and Leticia Soto to a four-year term on the Planning Commission commencing January 1, 2009; and appointing Kaye Greeley to fill the unexpired term of Martin Silva which ends on December 31, 2010, and appointing Manoj Bains as an alternate member of the Planning Commission for a four-year term commencing on January 1, 2009.  The motion was seconded by Council Member Vierra and carried 3-2, with Mayor Pro-Tem Espinoza and Council Member Aguilar voting no.

PUBLIC HEARINGS

5. Resolution to Adopt an Initial Study and Mitigated Negative Declaration and Approve Site Plan/Design Review 2008-1 for the Foster Farms Industrial Wastewater Treatment Plant (FFIWWTP).

Motion:  M/S Espinoza/Nateras to adopt Resolution No. 2009-07, The motion carried 4-1 by the following vote:

AYES:                  Council Members: Aguilar, Espinoza, Nateras, Vierra

NOES:                  Council Members: None

ABSENT:    Council Members: None

ABSTAIN:  Council Members: Varela

CONSENT CALENDAR

6.     Minutes of Meeting Held on February 17, 2009.

7.     Approval of Minutes Held on February 26, 2009.

8.     Approval of Warrant Register Dated February 25, 2009.

Motion:  M/S Nateras/Vierra to approve Item #6 as amended.  The motion carried 5-0.

Motion:  M/S Varela/Aguilar to approve Items 7 and 8.  The motion carried 5-0.

ADJOURNMENT

MARCH 17, 2009

 

ROLL CALL

   Mayor Daniel Varela, Sr.

   Mayor Pro-Tem Rodrigo Espinoza

   Council Member Frank Vierra

   Council Member Margarita Aguilar

   Council Member Martha Nateras

There was no action taken.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS  

5.Appointment of Mayor Pro-Tempore.

 Mayor Varela made motion for Frank Vierra to be appointed as Mayor Pro-Tempore.  The motion was seconded by Council Member Nateras and carried 4-1, with Council Member Aguilar voting no.

CONSENT CALENDAR

     6.  Approval of Merced County Association of Governments (MCAG) Work Program and Budget for Fiscal Year 2009/2010.

Motion:  M/S Varela/Espinoza to approve the Merced County Association of Governments Work Program and Budget for Fiscal Year 2009/2010.  The motion carried 5-0.

 

7.  Resolution No. 2009-8 Requiring Majority Vote of the Total Membership of the City Council to Approve Contracts that Will Result in the Future Payment of Money.

8.  Resolution 2009-9 Declaring that the City of Livingston Operates under the Federal National Incident Management System (N.I.M.S.) Program for the Management of all Major Emergencies.

9.  Resolution No. 2009-10 to Adopt Amendment to City of Livingston’s Flexible Benefit Plan.

10.Agreement between the City of Livingston and Merced County for 800 mhz Police Communication Services.

11.Approval of Minutes of Meeting Held on March 3, 2009.

12.Approval of Warrant Register Dated March 11, 2009.

 Motion:  M/S Varela/Vierra to approve consent agenda items 7-12.  The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS         

13.Purchase of Police Protective Vests with Matching Grant from the Office of Justice Programs (OJP) Bullet Proof Vest Program (BVP).

Motion:  M/S Nateras/Vierra to approve the purchase of Police protective vests with matching grant from the Office of Justice Programs (OJP) Bullet Proof Vest Program (BVP).  The motion carried 5-0.

14.Travel Allowances and Business Expenses Reimbursement Policies and Procedures.

Motion:  M/S Vierra/Nateras to approve the Travel Allowance and Business Expenses Reimbursement Polices and Procedures.  The motion carried 5-0.

ADJOURNMENT

 

MARCH 26, 2009

ROLL CALL

Mayor Daniel Varela, Sr.

Mayor Pro-Tem Rodrigo Espinoza

Council Member Frank Vierra

Council Member Margarita Aguilar

Council Member Martha Nateras

Also present were members of the Livingston Planning Commission.

DISCUSSION AND POTENTIAL ACTION ITEM

1. Water, Garbage and Sewer Rates Public Information Meeting.

ADJOURNMENT

 

APRIL 7, 2009

 

ROLL CALL

Mayor Daniel Varela, Sr.

Mayor Pro-Tem Rodrigo Espinoza

Council Member Frank Vierra

Council Member Margarita Aguilar

Council Member Martha Nateras

PUBLIC HEARINGS

5. Resolution to Adopt the Initial Study and Mitigated Negative Declaration for the Livingston Sports Complex Project.

Motion: M/S Vierra/Espinoza to adopt Resolution No. 2009-11. The motion carried 5-0 by the following vote:

AYES: Council Members: Aguilar, Espinoza, Nateras, Varela, Vierra

NOES: Council Members: None

ABSENT: Council Members: None

CONSENT CALENDAR

 

6. Initiating Proceedings Under the Landscape and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code, et. seq., Declaring the City’s Intention to Levy and Collect Assessments Within the City’s Landscape and Lighting Maintenance Assessment District for Fiscal Year 2009/2010, Approval of the Engineer’s Report, and Setting a Time and Place for a Public Hearing (Resolution No. 2009-12).

7. Initiating Proceedings under the Benefit Assessment Act of 1982, Government Code Section 54717, et. seq., Declaring the City’s Intention to Levy and Collect Assessments within the City’s Benefit Assessment Districts for Fiscal Year 2009/2010, Approval of the Engineer’s Report and Setting a Time and Place for a Public Hearing (Resolution No. 2009-13).

8. Resolution No. 2009-14 Urging the National Basketball Association (NBA) to Reinstate its 18-Year Old Ban on Courtside Liquor Advertisements and Encouraging all Citizens to Join with the City’s Youth and the Livingston Friday Night Live Mentoring Chapter of Livingston, California to Petition the NBA to End Courtside Liquor Advertising.

9. Approval of Minutes of Meeting Held on March 17, 2009.

10. Approval of Warrants Dated April 1, 2009.

Motion: M/S Vierra/Nateras to approve the consent calendar as presented. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

11. Authorization to Establish a Community Garden Adjacent to the Livingston Sports Complex and Enter into a Community Garden Use Agreement Between the City of Livingston and the Merced County Hunger Task Force.

Motion: M/S Nateras/Espinoza to Authorize and Establish a Community Garden Adjacent to the Livingston Sports Complex and Enter into a Community Use Agreement Between the City of Livingston and the Merced County Hunger Task Force. The motion carried 5-0.

12. Authorization to Televise City Council Meetings, Purchase Equipment and Prepare Video Productions of City Events to Show on Public Access Channels.

Motion: M/S Varela/Aguilar to Authorize the Televising of City Council Meetings, Purchase Equipment and Prepare Video Productions of City events to Show on the Public Access Channels. The motion carried 3-2, with Mayor Pro-Tem Vierra and Council Member Nateras voting no.

13. Consideration of Response to Grand Jury Postscript to FY 2007-08 Grand Jury Report and City’s Operational Inquiry Report.

Mayor Varela made a motion that the City Attorney write a letter to the Grand Jury stating that the City Council is not satisfied with the investigation report and ask for an extension so that we can get a real report and a real investigation that can be sent to the Fair Political Practices Commission (FPPC). Council Member Nateras seconded the motion. The motion carried by the following vote:

AYES: Council Members: Aguilar, Nateras, Varela, Vierra

NOES: Council Members: None

ABSTAIN: Council Members: Espinoza.

ADJOURNMENT

APRIL 21, 2009

ROLL CALL

   Mayor Daniel Varela, Sr.

   Mayor Pro-Tem Rodrigo Espinoza

   Council Member Frank Vierra

   Council Member Margarita Aguilar

   Council Member Martha Nateras  

PUBLIC HEARINGS

3. Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Water Service Fees.

·        Subitem A–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 1.

·        Subitem B–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 2.

·        Subitem C–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 3.

Council Member Aguilar made a motion to continue the public hearing to the next City Council meeting.  Council Member Nateras seconded the motion made by Council Member Aguilar.  The motion failed to carry by a vote of 3-2.  Mayor Varela, Mayor Pro-Tem Vierra and Council Member Espinoza voted no.

Council Member Espinoza made a motion to add a fourth scenario.  The motion failed due to lack of a second motion

Council Member Aguilar made a motion to continue the public hearing to the May 5, 2009, City Council meeting and place a notice for the meeting in the newspaper in three languages.  The motion was seconded by Council Member Nateras.  It carried by a vote of 5-0.

4Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Domestic Wastewater Service Fees.

·        Subitem A–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 1.

·        Subitem B–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 2.

·        Subitem C–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 3.

 

Council Member Aguilar made a motion to continue the public hearing to the next meeting of May 5, 2009, and place a notice in the newspaper in three languages

Council Member Aguilar’s motion was seconded by Council Member Espinoza and failed to carry by a vote of 2-3, with Mayor Varela, Mayor Pro-Tem Vierra and Council Member Nateras voting no on the portion of the motion to place a notice in the newspaper in three languages.

Mayor Varela moved to continue to the next meeting with no newspaper notices, but keep the public hearing open.  The motion was seconded by Council Member Nateras and carried 5-0.

5.Adopt One of Three Resolutions Relating to Establishing Rates for Solid Waste Service Fees.

·        Subitem A–Resolution of the City Council of the City of Livingston Establishing Rates for Solid Waste Service Fees–Scenario 1.

·        Subitem B–Resolution of the City Council of the City of Livingston Establishing Rates for Solid Waste Service Fees–Scenario 2.

·        Subitem C–Resolution of the City Council of the City of Livingston Establishing Rates for Solid Waste Service Fees–Scenario 3.

 

Council Member Aguilar made a motion to continue the public hearing to the next meeting on May 5, 2009, with no notice of the public hearing in three languages.  The motion was seconded by Council Member Espinoza.  The motion failed to carry by a vote of 3-2, with Mayor Varela, Mayor Pro-Tem Vierra and Council Member Nateras voting no.

Mayor Pro-Tem Vierra made a motion to approve the resolution that selected scenario #1.  The motion failed due to the lack of a second.

Council Member Nateras made a motion to adopt Resolution No. 2009-16, approving scenario #3.  The motion was seconded by Mayor Pro-Tem Vierra and carried 4-1, with Council Member Espinoza voting no.  

CONSENT CALENDAR

6.     Approval of Minutes of Meeting Held on March 26, 2009.

7.     Approval of Warrant Register Dated April 16, 2009.  

Mayor Pro-Tem Vierra made the motion to approve the consent calendar as presented.  Council Member Nateras seconded the motion.  The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

Mayor Pro-Tem Varela made the motion to begin the regular City Council meeting of May 5, 2009, at 6:00 p.m.  The motion carried 5-0.

ADJOURNMENT

MAY 5, 2009

REGULAR MEETING

ROLL CALL

   Mayor Daniel Varela, Sr.

   Mayor Pro-Tem Rodrigo Espinoza

   Council Member Frank Vierra

   Council Member Margarita Aguilar

   Council Member Martha Nateras

 

CHANGES TO THE AGENDA

Council Member Espinoza made a motion to move Citizens Comments to the front of the agenda and that items 3 and 4 on the consent calendar to be pulled for discussion.  The motion was seconded by Council Member Aguilar and carried 5-0.

PUBLIC HEARINGS

1.     Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Water Service Fees.

 

Subitem A–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 1.

·        Subitem B–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 2.

·        Subitem C–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 3.

Motion: M/S Nateras/Aguilar to close the Public Hearing at 8:17 p.m.  Motion carried 4-1 by the following votes:

AYES:                  Council Members:          Aguilar, Nateras, Varela, Vierra

NOES:                  Council Members:          Espinoza

ABSENT:   Council Members:          None

The Mayor made a motion to continue this item to the next City Council meeting, and asked if he had a second to his motion.   

Motion: M/S Varela/Nateras to continue the City Council discussion of this item to the next Council Meeting.  Motion carried 3-2 by the following votes:

AYES:                  Council Members:          Nateras, Varela, Vierra

NOES:                  Council Members:          Aguilar, Espinoza

ABSENT:   Council Members:          None

2.     Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Domestic Wastewater Service Fees.            

·        Subitem A–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 1.

·        Subitem B–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 2.

·        Subitem C–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 3.

Motion: M/S Vierra/Nateras to close the public hearing.  Motion carried 5-0 by the following votes:

AYES:                  Council Members:          Nateras, Varela, Vierra, Aguilar, Espinoza

NOES:                  Council Members:          None

ABSENT:              Council Members:          None

 

Motion: M/S Vierra/Espinoza to continue the discussion on this item the next City Council meeting.  Motion carried 5-0 by the following votes:

AYES:                  Council Members:          Nateras, Varela, Vierra, Aguilar, Espinoza

NOES:                  Council Members:          None

ABSENT:   Council Members:          None

CONSENT CALENDAR

3.     Approve Amendment No. 2 to Merced County Contract No. 2002117 Providing for the Implementation of the National Pollutant Discharge Elimination System Phase II Storm Water Program, and Authorize the City Manager to Sign the Amendment.

Council Member Espinoza requested this item be pulled for discussion.

Motion: M/S Espinoza/Vierra to Approve Amendment No. 2 to Merced County Contract No. 2002117

Motion carried 4-1 by the following votes:

AYES:        Council Members:         Nateras, Varela, Vierra, Espinoza

NOES:        Council Members:  Aguilar

ABSENT:   Council Members:  None

4. Resolution Authorizing the City Manager to Act on Behalf of the City of Livingston for a Financing Agreement with the State Water Resources Control Board for the Planning, Design and Construction of the Domestic Wastewater Treatment Plant Expansion.

Council Member Espinoza asked for further information on this item.

Motion: M/S Vierra/Varela to Authorize the City Manager to Act on Behalf of the City of Livingston for a Financing Agreement with the State Water Resources Control Board for the Planning, Design and Construction of the Domestic Wastewater Treatment Plant Expansion.  Motion carried 3-2 by the following votes:

AYES:                  Council Members:          Nateras, Varela, Vierra,

NOES:                  Council Members:          Aguilar, Espinoza

ABSENT:   Council Members:          None

5.     Approval of Minutes of Meeting Held on April 7, 2009.

6.     Approval of Warrant Register Dated April 29, 2009.  

Motion: M/S Vierra/Aguilar to approve items 5 and 6 of the consent calendar

Motion carried 5-0 by the following votes:

AYES:                  Council Members:          Nateras, Varela, Vierra, Aguilar, Espinoza

NOES:                  Council Members:          None

ABSENT:   Council Members:          None

ADJOURNMENT       

 

MAY 19, 2009

ROLL CALL  

   Mayor Daniel Varela, Sr.

   Mayor Pro-Tem Rodrigo Espinoza

   Council Member Frank Vierra

   Council Member Margarita Aguilar

   Council Member Martha Nateras (Excused:  She is out of the country)

PUBLIC HEARINGS

2.      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 and Confirming Assessments for Fiscal Year 2009-2010.

Motion: M/S Vierra/Espinoza to approve Resolution 2009-17  Motion carried 4-0 by the following votes:

AYES:                  Council Members:          Aguilar, Vierra, Espinoza, Varela

NOES:                  Council Members:          None

ABSENT:   Council Members:          Nateras  

3.      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 Assessment District and Confirming Assessments for Fiscal Year 2009-2010.

Motion M/S Vierra/Aguilar to approve Resolution 2009-18 The motion carried 4-0 by the following votes:

AYES:                  Council Members:          Aguilar, Espinoza, Varela, Vierra

NOES:                  Council Members:          None

ABSENT:   Council Members:          Nateras

CONSENT CALENDAR

4.  Authorize Livingston Police Department to Apply for Grant Funding under the Edward Byrne Memorial Justice Assistance Grant Program.

5.Approval of Minutes of Meeting Held on April 21, 2009.

6.Approval of Warrant Register Dated May 13, 2009.

Motion: M/S Vierra/Aguilar to approve the consent calendar.  Motion carried 4-0 by the following votes:

 

AYES:                  Council Members:          Aguilar, Varela, Vierra, Espinoza

NOES:                  Council Members:          None

ABSENT:   Council Members:          Nateras

 

DISCUSSION AND POTENTIAL ACTION ITEMS         

 

7.  Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Water Service Fees.

·        Subitem A–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 1.

·        Subitem B–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 2.

·        Subitem C–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 3.

 

Motion: M/S Vierra/Varela to continue this item to the June 2, 2009, meeting.  Motion carried 4-0 by the following votes:

AYES:                  Council Members:          Aguilar, Vierra, Espinoza, Varela

NOES:                  Council Members:          None

ABSENT:   Council Members:          Nateras

 

Motion: M/S Varela/Vierra to continue this item to the June 2, 2009, meeting. Motion carried 4-0 by the following votes:

AYES:                  Council Members:          Aguilar, Vierra, Espinoza, Varela

NOES:                  Council Members:          None

ABSENT:   Council Members:          Nateras

 

8.  Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Domestic Wastewater Service Fees.

·        Subitem A–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 1.

·        Subitem B–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 2.

·        Subitem C–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 3.

 

Motion: M/S Vierra/Espinoza to continue this item to the June 2, 2009, meeting. Motion carried 4-0 by the following votes:

AYES:                  Council Members:          Aguilar, Vierra, Espinoza, Varela

NOES:                  Council Members:          None

ABSENT:   Council Members:          Nateras

ADJOURNMENT

 

JUNE 2, 2009

ROLL CALL

   Mayor Daniel Varela, Sr.                      

   Mayor Pro-Tem Rodrigo Espinoza

   Council Member Frank Vierra

   Council Member Margarita Aguilar

   Council Member Martha Nateras

ANNOUNCEMENTS AND REPORTS

Council Member Aguilar made a motion to place for discussion for the next meeting to hire a facilitator so that the City Council can be directed to setting goals and prioritizing capital improvements through the City Manager….Council Member Espinoza seconded the previous motion made by Council Member Aguilar[i]

PUBLIC HEARINGS

Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Rezoning APN 023-006-008 from M-1 (Limited Industrial) to P/OS (Park/Open Space) for the Livingston Sports Complex Project.

Motion: M/S Varela/Vierra to introduce and waive the first reading of Ordinance No. 581… seconded by Mayor Pro Tem Vierra carried 4-1 by the following roll call vote:

AYES:        Council Members:          Espinoza, Nateras, Varela, Vierra

NOES:        Council Members:          Aguilar

ABSENT:   Council Members:          None

At the request of Council Member Espinoza, agenda items #9 and #10 were moved for discussion and action.

1) Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Water Service Fees.

·        Subitem A–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 1.

·        Subitem B–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 2.

·        Subitem C–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 3.

Motion:  M/S Varela/Nateras to continue this item to the regular meeting of June 16, 2009.  The motion carried 3-2, with Council Members Aguilar and Espinoza voting no.

Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Domestic Wastewater Service Fees.

·        Subitem A–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 1.

·        Subitem B–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 2.

·        Subitem C–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 3.

Mayor Varela …made the motion to continue this item to the regular meeting of June 16, 2009.  The motion was seconded by Council Member Nateras and carried 3-2, with Council Members Aguilar and Espinoza voting no.

CONSENT CALENDAR

4.      Local Transportation Funds (LTF) Claim Submittal.

5.      Resolution for Acceptance of the Vintage West Basin Backfill Project, 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 Ross F. Carroll, Inc.

6.      Resolution for the Acceptance of the Proposition 13 Water Line And Alleyway Paving Improvements, 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 Preston Pipelines, Inc.  

7.      Approval of Warrant Register Dated May 28, 2009.

Motion:  M/S Aguilar/Vierra to approve the consent calendar items.  The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS         

Resolution Finding a Severe Fiscal Hardship Will Exist if Additional Tax Funds are Seized and Additional Unfunded Mandates are Adopted by the State of California.

Motion:  M/S Vierra/Nateras to adopt Resolution No. 2009-23 The motion carried 5-0 by the following vote

AYES:                  Council Members:          Aguilar, Espinoza, Nateras, Varela, Vierra

NOES:                  Council Members:          None

ABSENT:   Council Members:          None

ADJOURNMENT

 

 

JUNE 16, 2009

ROLL CALL

Mayor Daniel Varela, Sr.

Mayor Pro-Tem Rodrigo Espinoza

Council Member Frank Vierra

Council Member Margarita Aguilar

Council Member Martha Nateras

CLOSED SESSION ANNOUNCEMENTS

Mayor Varela asked Interim City Attorney Jonathan Hobbs to make the closed session announcements. Interim City Attorney Jonathan Hobbs reported that the City Council took the following actions during Closed Session:

1. City Council voted 3-2 to terminate the services of Best Best and Krieger and Malathy Subramanian as City Attorney. Council Members Aguilar and Espinoza voted no.

2. City Council voted 3-2 to appoint Jonathan P. Hobbs from the law firm of Kronick,Moskovitz, Tiedemann & Girard as the Interim City Attorney. Council Members Aguilar and Espinoza voted no.

CHANGES TO THE AGENDA

URGENCY ITEM

City Manger Richard Warne requested the City Council add an urgency item to the agenda. The City received an e-mail today from the League of California Cities asking the Livingston City Council to adopt a resolution opposing the taking of the City’s gas tax revenues by the State Legislature to help close the state budget deficit. He requested adding this resolution as Item No. 19 to the agenda. He said that this request requires a two-thirds vote by the City Council to be added to the agenda. The City Attorney concurred with the City Manager that this item came to the attention of the City after the agenda was posted and that action of the City Council by two thirds vote was needed to add this item to the agenda.

Motion: M/S Vierra/Espinoza to add the resolution as Item #19 on the agenda. The motion carried 5-0.

Mr. Hobbs recommended that the City Council continue Items #14 and #15 to the meeting of July 7, 2009. These are the ordinances that pertain to the water service fees and sewer service fees. The proposal is to continue these items to that meeting where staff will bring back two resolutions for City Council consideration. The resolutions will be to update the water and sewer service fees pursuant to the Revenue Bond Law of 1941 and City police powers in the City’s municipal code. These resolutions are subject to approval by the majority of the City Council. A public hearing will be held on those resolutions under the Revenue Bond Law of 1941 to allow people to express their opinion on those resolutions, including whether the rates are discriminatory and in compliance under the Revenue Bond Law of 1941.

This public hearing is separate and apart from the Proposition 218 public hearing. The Proposition 218 public hearing has been concluded and the City will be receiving no new protests under the Proposition 218 process. At the conclusion of that hearing, the City Council will have the option to approve or not to approve the new rates. If there is a desire to accept this recommendation, the City Council should make an appropriate motion.

Motion: M/S Vierra/Nateras to continue Items #14 and #15 to the regular City Council meeting of July 7, 2009, as the City Attorney has suggested. The motion carried 3-2 with Council Members Aguilar and Espinoza voting no.

CONSENT CALENDAR

Council Member Aguilar requested that Item #3 be pulled for discussion. Council Member Espinoza pulled Item #11 for clarification.

3. Waive the Second Reading and Adopt Ordinance No. 581, an Ordinance of the City Council of the City of Livingston Rezoning APN 023-006-008 from M-1 (Limited Industrial) to P/OS (Park/Open Space) for the Livingston Sports Complex Project.

Motion: M/S Vierra/Nateras to Waive the Second Reading and Adopt Ordinance No. 581,…The motion carried 4-1 by the following votes:

AYES: Council Members: Espinoza, Nateras, Varela, Vierra

NOES: Council Members: Aguilar

ABSENT: Council Members: None

4. Resolution Authorizing the City Manager to File Regional Surface Transportation Program (RSTP) Funds Claim Form for Fiscal Year 2008/2009. (Resolution No. 2009- 23.)

5. A Resolution of the City Council of the City of Livingston Approving an Extension of the Current Memorandum of Understanding between the City of Livingston and the City of Livingston Clerical Employees Association. (Resolution No. 2009-24.)

6. A Resolution of the City Council of the City of Livingston Approving an Extension of the Current Memorandum of Understanding between the City of Livingston and the City of Livingston Management and Confidential Employees Association. (Resolution No. 2009-25.)  

7. A Resolution of the City Council of the City of Livingston Approving an Extension of the Current Memorandum of Understanding between the City of Livingston and the City of Livingston Police Officers’ Association. (Resolution No. 2009-26.)

8. A Resolution of the City Council of the City of Livingston Approving an Extension of the Current Memorandum of Understanding between the City of Livingston and the City of Livingston Public Works and Parks Employees Unit. (Resolution No. 2009-27.)

9. A Resolution of the City Council of the City of Livingston Approving an Extension of the Current Memorandum of Understanding between the City of Livingston and the City of Livingston Supervisory Employees Association. (Resolution No. 2009-28.)

10. Resolution Approving an Extension of the Current Understandings between the City of Livingston and the City of Livingston Unrepresented Employees not Associated with Any City Bargaining Union. (Resolution No. 2009-29.)

11. Approval of Minutes of Meeting Held on May 5, 2009.

Motion: M/S Espinoza/Nateras to bring the Minutes back at the next meeting for clarification and approval. The motion carried 5-0.

12. Approval of Warrant Register Dated June 11, 2009.

Motion: M/S Vierra/Aguilar to approve Items # 4, 5,6,7,8,9,10, and12 on the consent calendar. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

13. City Council Guidance Regarding California Department of Public Health Enforcement Letter for Failure to Comply with Secondary Drinking Water Standard for Manganese for Well #15.

RECOMMENDATION:

Provide staff with guidance regarding California Department of Public Health enforcement letter for failure to comply with secondary drinking water standard for manganese for Well #15. Staff needs City Council’s guidance to respond to the California Department of Public Health’s enforcement letter because there are no funds available in the Water Enterprise Fund to either (1) go through the process to apply for a nine-year waiver in accordance with Section 64449.2, Title 22, California Code of Regulations; or (2) install a well-head treatment system for removal of the manganese from the water produced by Well #15. The City Engineer’s preliminary estimate for a treatment system for Well #15 is $1 million.

The agenda item was continued to the regular meeting of July 7, 2009.

14. Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Water Service Fees.

·        Subitem A–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 1.

·        Subitem B–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 2.

·        Subitem C–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 3.

The item was continued to the regular City Council meeting of July 7, 2009.

15. Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Domestic Wastewater Service Fees.

·        Subitem A–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 1.

·        Subitem B–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 2.

·        Subitem C–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 3.

The item was continued to the regular meeting of July 7, 2009.

16. Consideration of Response to Grand Jury Postscript to FY 2007-2008 Grand Jury Report and City’s Investigation Reports and Conflict of Interest Analysis and Resolution Reaffirming LMC 1-6-4.

·        Mayor Pro Tem Vierra said that the City Attorney has five issues and recommendations. He would like to vote on all five separately.

·        Mayor Varela asked if Mayor Pro Tem Vierra wanted to address former City Attorney Malathy Subramanian’s Grand Jury Report recommendations separately.

Motion: M/S Vierra/Varela to address issues 1-5 separately. The motion carried 4-1 with Council Member Espinoza voting no.

Motion: M/S Vierra/Varela to authorize the Mayor to execute the response prepared by former City Attorney Malathy Subramanian to the Grand Jury Postscript on behalf of the City Council as the City Council’s formal response to the Grand Jury Postscript. The motion carried 4-1 with Council Member Espinoza voting no.

Motion: M/S Vierra/ Nateras not to adopt the City’s investigative reports dated April 2, 2009, and May 15, 2009, and not to concur with the findings and conclusions of the reports. The motion passed 5-0.

Motion: M/S Vierra/Nateras to adopt the recommendations listed in the operational inquiry report and direct Council Member Espinoza and City Manager Warne accordingly. The motion carried 4-1 with Council Member Espinoza voting no.

Motion: M/S Vierra/Nateras not to adopt former City Attorney Malathy Subramanian’s memorandum dated June 9, 2009, and not concur with the findings and conclusions of the memorandum. The motion passed 5-0.

Motion: M/S Vierra/Varela to approve Resolution 2009-31of the City Council of the City of Livingston Reaffirming Section 1-6-4 of the Livingston Municipal Code. The motion passed 3-2 with Council Member Aguilar and Council Member Espinoza voting no.

17. Consideration of Hiring a Facilitator for City Council Goal Setting and City Manager Performance Evaluation.

Motion: M/S Espinoza/Aguilar to direct staff to come back to Council with approximate costs for a facilitator. The motion carried 5-0.

18. Approval of Warrant No. 68128 to Direct Towing for $80.00.

Motion: M/S Vierra/Varela to approve Warrant No. 68128 for $80.00 to Direct Towing.

The motion carried 4-1, with Council Member Espinoza abstaining.

19. City Manager Announcements and Reports.

City Manager Warne stated that there are proposals being circulated in the State Legislature to take city gasoline taxes to help balance the state budget. The League of California Cites is asking cities to pass a resolution authorizing the City Attorney to cooperate with the League and other cities and counties to challenge the constitutionality of taking City gasoline tax funds. He said that staff recommends the City Council adopt the proposed resolution.

Motion: M/S Vierra/Espinoza to approve Resolution 2009-30 of the City Council of the City of Livingston Authorizing the City Attorney to Cooperate with the League of California Cities, Other Cities and Counties in Litigation Challenging the Constitutionality of any Seizure by State Government of the City’s Street Maintenance Funds. The motion passed 5-0

ADJOURNMENT

 

JULY 7, 2009

 

ROLL CALL

   Mayor Daniel Varela, Sr.                      

   Mayor Pro-Tem Rodrigo Espinoza

   Council Member Frank Vierra

   Council Member Margarita Aguilar

   Council Member Martha Nateras

CHANGES TO THE AGENDA

Council Member Espinoza asked that citizen comments be moved ahead of the scheduled public hearings.  He also requested that Warrants #68216 and #68230 be pulled for separate discussion from the consent calendar.  No member of the City Council objected to Council Member Espinoza’s requests..

ANNOUNCEMENTS AND REPORTS

Council Member Aguilar made a motion to have the hiring of a facilitator placed on the City Council’s meeting agenda and have staff prepare a Request for Proposals (RFP) for City Council consideration.  Council Member Aguilar’s motion was seconded by Council Member Espinoza and failed to carry by the following roll call vote:

AYES:                  Council Members:          Aguilar, Espinoza

NOES:                  Council Members:          Nateras, Varela, Vierra

ABSENT:   Council Members:          None

PUBLIC HEARINGS

Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Adopting an Amendment to the Kishi (Country Lane) Subdivision Development Agreement.

Motion:  M/S Vierra/Nateras to Introduce and Waive the First Reading of Ordinance No. 582, an Ordinance of the City Council of the City of Livingston Adopting an Amendment to the Kishi (Country Lane) Subdivision Development Agreement including the City’s first right of purchase of the six lots in front of the park.  The motion carried 5-0 by the following roll call vote:

AYES:      Council Members:  Aguilar, Espinoza, Nateras, Varela, Vierra

NOES:      Council Members:  None

ABSENT: Council Members:  None

Conduct Public Hearing Pursuant to Revenue Bond Law of 1941 and Adoption of Resolution to Adopt Water Service Rates.

·        Subitem A–Resolution of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 1.

·        Subitem B–Resolution of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 2.

·        Subitem C–Resolution of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 3.

Motion: M/S Espinoza/Aguilar to not take action on the resolution and direct staff to go back and reanalyze the water rate scenarios.

The motion failed to carry by a vote of 2-3.  Mayor Varela, Mayor Pro Tem Vierra and Council Member Nateras voted no.  

Mayor Varela made a motion to accept scenario #3 with a 15% reduction off the initial rate increase and then revisit this again by February 1, 2010,

Council Member Martha Nateras said that she is withdrawing her previous motion.  

Motion:  M/S Varela/Vierra to adopt Resolution No. 2009-32 increasing water service rates with the selection of scenario #3 and reducing the first step of the rate increase by 15% effective August 1, 2009, and revisit the rate increases before February 1, 2010.  The motion carried 3-2 by the following roll call vote:

AYES:      Council Members:       Nateras, Varela, Vierra

NOES:      Council Members:  Aguilar, Espinoza

ABSENT:     Council Members:        None                   

 

4.  Conduct Public Hearing Pursuant to Revenue Bond Law of 1941 and Adoption of Resolution to Adopt Domestic Wastewater Service Rates.

·        Subitem A–Resolution of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 1.

·        Subitem B–Resolution of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 2.

·        Subitem C–Resolution of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 3

 

Motion:  M/S Vierra/Nateras to adopt Resolution No. 2009-33 increasing the domestic wastewater service rates effective August 1, 2009, with the selection of scenario #1, and reducing the rate by 15% for the first six months, and revisit the rate increases before February 1, 2010.  The motion carried 3-2 by the following roll call vote:

AYES:      Council Members:    Nateras, Varela, Vierra

NOES:      Council Members:  Aguilar, Espinoza

ABSENT:     Council Members:        None  

City Attorney Hobbs said that Items #16 and #17 are now moot due to actions the City Council has already taken during the meeting.  These items can now be dropped from the City Council agenda.    

5.     Resolution Conditionally Approving Site Plan / Design Review 2009-02 for the Verizon Wireless Antenna Project.

Motion:  M/S Vierra/Aguilar to adopt Resolution No. 2009-34     The motion carried 5-0 by the following roll call vote:           

AYES:      Council Members:    Aguilar, Espinoza, Nateras, Varela, Vierra

NOES:      Council Members:  None

ABSENT:     Council Members:        None  

6.      Discuss the Fiscal Year 2009-10 Community Development Block Grant (CDBG) Program Applications for the General Allocation and Solicit Citizen Input.

7.      Discuss Proposed Scope and Activities for the Grant Application for $800,000 under the General Allocation of the Community Development Block Grant (CDBG) Program for Water Line Improvements, Phase II to be Performed within the City of Livingston.

8.      Discuss Proposed Scope and Activities for the Grant Application for $400,000 under the General Allocation of the Community Development Block Grant (CDBG) Program for Wastewater Treatment Plant (WWTP) Pond Perimeter Levee Repair to be Performed within the City of Livingston.

CONSENT CALENDAR

9.      Approve Resolution for the Acceptance of the Rehabilitation of Various Streets 2008 (Project A), 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 Top Grade Construction, Inc. (Resolution No. 2009-35).

10.  Approve Resolution for the Acceptance of the Proposition 1-B Roadway Rehabilitation Project (Project B), 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 Top Grade Construction, Inc.     

11.  Approval of Minutes of Meeting Held on May 5, 2009.

12.  Approval of Minutes of Meeting Held on May 19, 2009.

 

Motion:  M/S Nateras, Aguilar to approve consent agenda items 9, 10, 11 and 12.  Item #13 was pulled for discussion by Council Member Espinoza.

13.  Approval of Warrant Register Dated July 1, 2009.

Council Member Espinoza requested that Warrant Number 62816 be pulled for discussion. 

 

Council Member Espinoza pulled Warrant No. 68230 because he said that he wanted to vote no on legal bills for the grand jury investigation

Motion:  M/S Vierra/Varela to accept all Warrants with the exception of # 68230.  The motion carried 5-0.

Motion:  M/S Vierra/Varela to approve Warrant No. 68230.  The motion carried 3-2, with Council Members Aguilar and Espinoza voting no.

DISCUSSION AND POTENTIAL ACTION ITEMS         

14.  Approve Resolution for 2009/2010 Applications for Funding and the Execution of a Grant Agreement and any Amendments Thereto from the General Allocation of the State Community Development Block Grant (CDBG) Program and Authorizing the City Manager to Act on Behalf of the City.

Motion:  M/S Vierra/Nateras to adopt Resolution No. 2009-37 for 2009 The motion carried 4-1 by the following roll call vote:

AYES:         Council Members:     Espinoza, Nateras, Varela, Vierra

NOES:         Council Members:     Aguilar

ABSENT:    Council Members:       None

15.  City Council Guidance Regarding California Department of Public Health Enforcement Letter for Failure to Comply with Secondary Drinking Water Standard for Manganese for Well #15.

 

Motion:  M/S Vierra/Nateras to move forward with well-head filtering treatment for manganese in Well #15, inform the State of the City’s decision, and authorize the City Engineer to begin to work with the State to determine the most appropriate treatment process.  The motion carried 4-1, with Council Member Espinoza voting no.

16. Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Water Service Fees.

·        Subitem A–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 1.

·        Subitem B–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 2.

·        Subitem C–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 3.

 

This item was pulled from the agenda.

17. Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Domestic Wastewater Service Fees.

·        Subitem A–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 1.

·        Subitem B–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 2.

·        Subitem C–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 3.

This item was pulled from the agenda.

18. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Amending the Livingston Municipal Code Relating to Water Service Penalties and Collection Procedures. 

Motion:  M/S Vierra/Nateras to Introduce and Waive the First Reading of Ordinance No. 583,. The motion carried 3-2 by the following roll call vote:

AYES:   Council Members:     Nateras, Varela, Vierra

NOES:   Council Members:     Aguilar, Espinoza

ABSENT: Council Members:  None     

18. Introduce and Waive First Reading of an Ordinance of the City Council of the City of Livingston Amending the Livingston Municipal Code Relating to Wastewater Service Penalties and Collection Procedures.

Motion:  M/S Vierra/Nateras to Introduce and Waive First Reading of Ordinance No. 584, The motion carried 3-2 by the following roll call vote:

AYES:       Council Members:  Nateras, Varela, Vierra

NOES:      Council Members:  Aguilar, Espinoza

ABSENT: Council Members:  None

ADJOURNMENT

AUGUST 4, 2009

 

ROLL CALL

   Mayor Daniel Varela, Sr.                      

   Mayor Pro-Tem Rodrigo Espinoza

   Council Member Frank Vierra

   Council Member Margarita Aguilar

   Council Member Martha Nateras

CLOSED SESSION ANNOUNCEMENTS

City Attorney Hobbs announced that there were no reportable actions taken during Closed Session.  However, he asked that the meeting minutes reflect that Mayor Varela did not participate during discussion of Item 1B, Foster Poultry Farms, Inc. v. City of Livingston, et al.

CHANGES TO THE AGENDA

Council Member Espinoza requested that Warrant Number 68456 from the Consent Calendar be pulled for discussion.  Council Member Aguilar asked that Warrant Number 68456 and Warrant Number 68467 be pulled for discussion.

CONSENT CALENDAR

2.  Waive the Second Reading and Adopt Ordinance 582 of the City Council of the City of Livingston Adopting an Amendment to the Kishi (Country Lane) Subdivision Development Agreement.

3.  Resolution Approving Submittal of a Grant Application to the California Department of Housing and Community Development (HCD) for HOME Investment Partnership Program Funds. (Resolution No. 2009-38).        

4.  Approval of Minutes of Meeting Held on June 2, 2009.

5.  Approval of Warrant Register Dated July 16, 2009.

6.  Approval of Warrant Register Dated July 30, 2009.

Motion:  M/S Vierra/Aguilar to approve the consent calendar with the exception of Warrant Numbers 68345, 68456 and 68467 being pulled for discussion.  The motion carried 5-0.

Mayor Varela moved to pay the warrants in question and move forward.  The motion was seconded by  Mayor Pro Tem Vierra.

Motion:  M/S Varela/Nateras to approve Warrant Numbers 68456 and 68467.  The motion carried 3-2, with Council Members Aguilar and Espinoza voting no.

Motion:  M/S Varela/Vierra to approve Warrant Number 68345.  The motion carried 3-2, with Council Members Aguilar and Espinoza voting no.

DISCUSSION AND POTENTIAL ACTION ITEMS

7.  (1) Provide Policy Guidance to Staff Regarding Draft Development Agreement and (2) Consideration of Resolution Authorizing the City Manager to Participate in a HOME Application with Pacific West Communities, Inc, for their Affordable Housing Project.

Council Member Espinoza made a motion to accept the one-time cash payment of $750,000 from the developer and exclude their project from the special assessment districts.  There was no second to the motion.  The motion died for lack of a second.

Motion: M/S Vierra/Aguilar that the apartment complex would be included in the special  assessment districts, including the landscaping and lighting district, benefit assessment district and the community facilities district.  The motion carried 5-0

Motion: M/S Vierra/Nateras to approve Resolution No. 2009-39, a Resolution of the City Council of the City of Livingston Approving the Submittal of an Application to the California State Department of Housing and Community Development for Funding under the Home Investment Partnership Act and Authorizing the City Manager to Participate in a HOME Application with Pacific West Communities, Inc, for their Affordable Housing Project.  The motion carried 4-1 by the following vote:

AYES:        Council Members:          Aguilar, Espinoza, Nateras, Varela

NOES:        Council Members:          Vierra

ABSENT:   Council Members:          None

8.  Waive the Second Reading and Adopt Ordinance 583 of the City Council of Livingston Amending the Livingston Municipal Code Relating to Water Service Penalties and Collection Procedures.

Motion: M/S Vierra/Varela to waive the second reading and adopt Ordinance No. 583 The motion carried 3-2 by the following vote:

AYES:                  Council Members:          Nateras, Varela, Vierra

NOES:                  Council Members:          Aguilar, Espinoza

ABSENT:   Council Members:          None

9.  Waive the Second Reading and Adopt Ordinance 584 of the City Council of Livingston Amending the Livingston Municipal Code Relating to Wastewater Service Penalties and Collection Procedures.

 

Motion:  M/S Vierra/Nateras to waive the second reading and adopt Ordinance No. 584,.  The motion carried 3-2 by the following vote:

AYES:       Council Members:          Nateras, Varela, Vierra

NOES:       Council Members:          Aguilar, Espinoza

ABSENT:  Council Members:          None

10. Presentation of FY 2010 Budget and Discussion by the City Council.

Motion:  M/S Varela/Vierra to set a public hearing for the Proposed FY2010 Budget for August 18.  The motion carried 5-0.

ADJOURNMENT

AUGUST 18, 2009

ROLL CALL

   Mayor Daniel Varela, Sr.                      

   Mayor Pro-Tem Rodrigo Espinoza (Excused Absence)

   Council Member Frank Vierra

   Council Member Margarita Aguilar

   Council Member Martha Nateras

CHANGES TO THE AGENDA

City Manager Richard Warne and Mayor Pro Tem Frank Vierra requested that Consent Calendar Items #5 and # 4, respectively, be moved to Discussion and Potential Action items.

PUBLIC HEARINGS

1.Resolution Setting the City of Livingston’s Gann Appropriation Limit for the Fiscal Year 2009-2010.

Motion:  M/S Vierra/Aguilar to adopt Resolution No. 2009-40, setting the City of Livingston’s Gann Appropriation Limit for Fiscal Year 2009-2010 at $3,578,446.  The motion carried 4-0 by the following vote:

AYES:….. Council Members:     Aguilar, Nateras, Varela, Vierra

NOES:….. Council Members:     None

ABSENT:..Council Members:     Espinoza

2. Review and Discuss Fiscal Year 2009-2010 Budget and Consider Adoption of Resolution of the City Council of the City of Livingston Adopting the Final Budget of the City of Livingston for the Fiscal Year July 1, 2009 Through June 30, 2010, Repealing all Resolutions and Parts of Resolutions in Conflict Herewith.

Motion:  M/S Vierra/Nateras to adopt Resolution No. 2009-41 The motion carried 3-1 by the following vote:

AYES:        Council Members:     Nateras, Varela, Vierra

NOES:        Council Members:     Aguilar

ABSENT:   Council Members:      Espinoza

CONSENT CALENDAR

3. Approval of the Master Agreement for Federal-Aid Projects with the California Department of Transportation and Adopt a Resolution Authorizing the City Manager or Designee to Act on Behalf of the City of Livingston for the Execution of Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and/or any Amendments Thereto Related to Federal and /or State Funded Projects with the California Department of Transportation.  (Resolution No. 2009-42).

4.     Resolution Authorizing the City Manager to Enter into an Agreement with J.B. Anderson Land Use Planning for the Environmental Assessment of the Diede Construction, Inc. Hotel Project Site.

          Moved to Discussion and Potential Action Items.

5.  Designation of Voting Member and Alternate for Annual League of California Cities Conference.

     Moved to Discussion and Potential Action Items.

 

6. Approval of Minutes of Meeting Held on June 16, 2009.

7. Approval of Warrant Register Dated August 13, 2009.

Motion: M/S Varela/Vierra to approve Items 3, 6 and 7 on the consent calendar.  The motion carried 4-0.

 

DISCUSSION AND POTENTIAL ACTION ITEMS        

5. Resolution Authorizing the City Manager to Enter into an Agreement with J.B. Anderson Land Use Planning for the Environmental Assessment of the Diede Construction, Inc. Hotel Project Site.

Motion:  M/S Vierra/Nateras to approve Resolution No. 2009-43..The motion carried 4-0 by the following vote:

AYES:        Council Members:    Aguilar, Nateras, Varela, Vierra

NOES:        Council Members:    None

ABSENT:   Council Members:    Espinoza

6.Designation of Voting Member and Alternate for Annual League of California Cities

Mayor Varela moved that he Council Member Nateras be appointed as the voting representatives for the City of Livingston at the  Annual Conference of the League of California Cities; and that Council Members Aguilar and Espinoza be appointed as the alternate voting delegates.  Council Member Vierra seconded the motion.  The motion was unanimously approved. 

ADJOURNMENT  

 

SEPTEMBER 15, 2009

 

ROLL CALL

   Mayor Daniel Varela, Sr.

   Mayor Pro-Tem Frank Vierra

   Council Member Rodrigo Espinoza

   Council Member Margarita Aguilar

   Council Member Martha Nateras

CHANGES TO THE AGENDA

City Manager Warne stated that after staff had distributed the minutes of July 7, 2009, they   proofread them again and discovered some typographical errors.  He has provided copies of the revised minutes to the City Council with the typographical errors corrected.  A copy of the corrected minutes was also placed on the Council Chambers back table for public review.  When the City Council gets to this item, they will be considering the written minutes with the typographical errors corrected.

 

Council Member Espinoza requested that Item No. 8 be pulled from the Consent Agenda for separate vote.  He stated that Agenda Item No. 9 states, “Approval of Warrant Register Dated September 10, 2009, with Exception of Warrant No. 68630.”  He said that Warrant No. 68630 is in Agenda Item No. 8 (Approval of Warrant Register Dated August 27, 2009), and not in Agenda Item No. 9

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

2.     Presentation by John Alexander on Support for a Medical School at UC Merced and Adoption of Resolution No. 2009-44.

Motion:  M/S Vierra/Nateras to adopt Resolution No. 2009-44, A Resolution of the City Council of the City of Livingston Regarding the Establishment of a Medical School at the University of California, Merced.  The motion carried 5-0, by the following vote:

AYES:        Council Members:          Aguilar, Espinoza, Nateras, Varela, Vierra

NOES:        Council Members:          None

ABSENT:   Council Members:          None

 

PUBLIC HEARINGS

3.     Resolution Approving the 2009-2014 Housing Element and Negative Declaration. Items discussed included the following:

·        The Contents of the Housing Element Document

·        Legal Requirements

·        City’s Regional Housing Needs Allocation

·        Vacant Land Map Inventory

·        City’s Ability to Address the Regional Housing Needs

·        Public Review Process

·        Brief Statement of Revisions Made to the Housing Element

·        Staff Recommendation

·        Next Steps

MOTION:  M/S Vierra/Aguilar to adopt Resolution No. 2009-44, approving the 2009-2014 Housing Element and Negative Declaration.  The motion carried 5-0 by the following vote:  

AYES:                  Council Members:          Aguilar, Espinoza, Nateras, Varela, Vierra

NOES:                  Council Members:          None

ABSENT:   Council Members:          None

 

CONSENT CALENDAR

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

4.  Resolution Awarding Construction Contract to Granite Construction Company, Approving Relief from Award of Bid to Teichert Construction, Approving the Expenditure of Construction Funds for the American Recovery and Reinvestment Act Project Street        Rehabilitation 2009 – Federal Project No. ESPL-5256(009) and Authorizing the City Manager to Execute a Construction Contract and any Change Orders Thereto with Granite Construction Company.  (Resolution No. 2009-45).

5.  Resolution Approving the City of Livingston Sewer System Management Plan. (Resolution No. 2009-46).

6.     Resolution to Adopt ICMA Retirement Corporation’s Plan-Level Change Form Naming of Plan Coordinator.  (Resolution No. 2009-47).

7.     Approval of Minutes of Meeting Held on July 7, 2009.

8.     Approval of Warrant Register Dated August 27, 2009.

9.  Approval of Warrant Register Dated September 10, 2009, with exception of Warrant Number 68630.

Motion: M/S Nateras/Vierra to approve consent calendar items 4, 5, 6, 7, 9 and item 8      with the exception of Warrant No. 68630, to be discussed further.  The motion carried   5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

10.     Request by Council Member Espinoza to Discuss Warrant Number 68630.

Council Member Espinoza asked City Attorney Hobbs how many times the Mayor and other Council Members called him in the last month. 

Motion:  M/S Varela/Vierra to approve Warrant No. 68630.  The motion carried 3-2 by the following vote:

AYES:                  Council Members:          Nateras, Varela, Vierra

NOES:                  Council Members:          Aguilar, Espinoza

ABSENT:   Council Members:          None

ADJOURNMENT


[i] No..I don’t have the “Roll Call” on this one. Maybe you could get it for me. J

OCTOBER 20, 2009

CLOSED SESSION

ROLL CALL

Mayor Daniel Varela, Sr.

Mayor Pro Tem Frank Vierra (Excused)

Council Member Rodrigo Espinoza

Council Member Margarita Aguilar (Excused)

Council Member Martha Nateras

OPEN SESSION

ROLL CALL

Mayor Daniel Varela, Sr.

Mayor Pro Tem Frank Vierra (Excused)

Council Member Rodrigo Espinoza

Council Member Margarita Aguilar

Council Member Martha Nateras

CLOSED SESSION ANNOUNCEMENTS

Mayor Varela stated that by the vote of 2-1, the City Council ratified the appointment of Jonathan P. Hobbs and the law firm Kronick, Moskovitz, Tiedemann, Friedman & Girard as the City Attorney. Council Member Nateras and Mayor Varela voted Yes. Council Member Espinoza voted No. Council Member Aguilar and Mayor Pro Tem Vierra were not available to attend.

CHANGES TO THE AGENDA

Motion: M/S Varela/Espinoza to have Item #14 brought up to the citizen comments portion of the agenda. The motion carried 4-0.

Council Member Espinoza requested that Awards, Presentations, Appointments and Proclamations be considered first. All City Council Members agreed.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation of Proclamation: Red Ribbon Week.

2. Introduction of Code Enforcement Officer.

3. Blueberry Crossing – Wal-Mart Supercenter Scoping Session.

Council Member Espinoza asked that Item #14 be discussed next. Mayor Varela asked for a second to the motion. Council Member Aguilar seconded the motion.

Mayor Varela made a motion that they keep the comment period to one minute for each person in light of all the people that are here this evening.

Mayor Varela asked for a second to his motion…There was no second to his motion.

DISCUSSION AND POTENTIAL ACTION ITEMS

14. Discussion Concerning the Changing of Water Rate Tiers and Eliminating Current Tiered Rate System and Replacing it with a Single-Water Rate Tier for Use of up to 35,000 Gallons.

Motion: M/S Espinoza/Aguilar to hold a special City Council meeting on Wednesday, November 4, at 6:00 p.m. at the Portuguese Pentecost Hall contingent on its availability.

The motion carried 4-0 by the following vote:

AYES: Mayor Varela and Council Members Aguilar, Espinoza, and Nateras

NOES: None

ABSENT: Mayor Pro Tem Vierra

4. Police Department Annual Report.

5. City of Livingston Independent Auditor’s Report and Financial Statements June 30, 2009 and City of Livingston Local Transportation Development Act Fund Independent Auditor’s Report and Financial Statements June 30, 2009.

Motion: M/S Varela/Nateras to approve the City of Livingston Independent Auditor’s Report and Financial Statements June 30, 2009 and City of Livingston Local Transportation Development Act Fund Independent Auditor’s Report  and Financial Statements June 30, 2009. The motion carried 3-1, with Council Member Espinoza voting no.

ANNOUNCEMENTS AND REPORTS

PUBLIC HEARINGS

CITIZEN COMMENTS

CONSENT CALENDAR

6. Resolution Approving the Form of and Authorizing the Execution and Delivery of a

Purchase and Sale Agreement and Related Documents with Respect to the Sale of the

Seller’s Proposition 1A Receivable from the State: and Directing and Authorizing Certain

Other Actions in Connection Therewith. (Resolution No. 2009-50).

7. Resolution Requiring Interest on Debts. (Resolution No. 2009-51).

8. Denial of Claim for Damages from Yolanda Haro.

9. Approval of Minutes of Regular Meeting Held on August 4, 2009.

10. Approval of Minutes of Regular Meeting Held on August 18, 2009.

11. Approval of Minutes of Regular Meeting Held on September 15, 2009.

12. Approval of Warrant Register Dated October 2, 2009, Except Warrant Number 68840.

13. Approval of Warrant Register Dated October 15, 2009.

Council Member Espinoza asked that Warrant No. 68984 from the October 15, 2009,

Warrant Register be pulled for discussion.

Motion: M/S Varela/Espinoza to approve Item Numbers 6-12 on the consent calendar.

The motion carried 4-0.

Council Member Espinoza made a motion that the City Council not pay the legal fees because part of the warrants have to do with Foster Farms..The motion was seconded by Council Member Aguilar.

(Editor’s note: there was additional discussion and clarification by the City Attorney that a “Yes” vote would mean “pay the warrant” and a “No” vote would mean “don’t pay the warrant”)

The motion failed by a split vote of 2-2 with Mayor Varela and Council Member Nateras voting yes. Council Members Aguilar and Espinoza voting no.

15. City Council Business Cards.

16. Request by Council Member Espinoza to Discuss Warrant Number 68840.

17. Cancellation of City Council Meetings.

ADJOURNMENT

NOVEMBER 17, 2009

A Special Meeting of the Livingston City Council was held on November 17, 2009, in the Livingston Pentecost (Portuguese) Hall with Mayor Varela presiding.

ROLL CALL

   Mayor Daniel Varela, Sr.

   Mayor Pro-Tem Frank Vierra (Excused)

   Council Member Rodrigo Espinoza

   Council Member Margarita Aguilar

   Council Member Martha Nateras

CHANGES TO THE AGENDA

Council Member Espinoza said he did not see City Council Comments on the agenda.  He would like to add City Council Comments right before the Consent Calendar.  He also asked to pull Warrant Number 69181 for separate discussion by the City Council. 

Council Member Nateras said we should follow the City Council agenda as written because we  have a lot of people from the public here today.  Mayor Varela agreed and said that the City Council should stay with the agenda as written and move forward.

PROCLAMATION

Mayor Varela read a Proclamation of the City of Livingston for a Day of Thanksgiving.

CONSENT CALENDAR

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

     1.  Resolution Awarding Construction Contract to Hensley’s Paving, Inc., Hickman, CA, Approving the Expenditure of Construction Funds for the Basketball Courts at Walnut Sports Complex Land Development Fund Competitive 06-01613 and Authorizing the City Manager to Execute a Construction Contract with Hensley’s Paving, Inc.

     2.  Approval of Warrant Register of October 28, 2009, with Exception of Warrant Number 69096.

     3.  Approval of Warrant Register of November 12, 2009, with Exception of Warrant Number 69181.

Motion:  M/S Varela/Nateras to approve the Consent Calendar items.  The motion carried 4-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

4.     Council Meeting Rules of Decorum and Conduct.

    motion from Council Member Nateras  The motion failed due to lack of a second.      

5.  Public Information and Comment on Water, Wastewater and Solid Waste Rates and Discussion Concerning Changing Water Rate Tiers and Eliminating Current Tiered System and Replacing it With a Single-Rate Tier of 35,000 Gallons of Water Per Household Per Month.

Council Member Espinoza said he would like to make a motion that we eliminate the current tier system and replace it with a single rate tier of 35,000 gallons of water per household per month, and change the water and wastewater rates back to where they were, and later on come back and decide on a much smaller rate increase.

Council Member Aguilar seconded the previous motion made by Council Member Espinoza.

AYES:                  Council Members:          Aguilar, Espinoza

NOES:                  Council Members:          Nateras, Varela

ABSENT:   Council Members:          Vierra

Request by Council Member Espinoza to Discuss Warrant No. 69096

Request by Council Member Espinoza to Discuss Warrant No. 69181

Council Member Espinoza pulled the Warrant.. would like to vote separately for the $59,000 from the $81,000 because it is just for Foster Farms legal fees.

Council Member Aguilar made a motion not to pay the $81,791….. vote on the $59,565.59 separately

Council Member Espinoza… made a motion that the City not  pay the Foster Farms bill of $59,565.50 and have a roll call…. then… come back and do the difference.  Council Member Aguilar seconded the motion.         

A roll call vote was taken not to pay the Foster Farms litigation fees in the mount of $59,565.50.  The vote was split 2-2 with Council Members Nateras and Varela voting no.

CITIZEN COMMENTS  

ADJOURNMENT

 

2 thoughts on “How They Voted in 2009

  1. Pingback: Planning for the Future, Part 6: The Next Phase « Thegardeningsnail's Weblog (because not every critter is hiding under a rock…)

  2. Pingback: Now That The “Political Silly Season” Is Starting All Over Again in 2010 « Thegardeningsnail's Weblog (because not every critter is hiding under a rock…)

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