DECEMBER 7, 2010 Draft Meeting Minutes

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

DECEMBER 7, 2010

A Closed Session/Regular Meeting of the Livingston City Council was held in the City Council Chambers on December 7, 2010, with Mayor Espinoza presiding.

CLOSED SESSION

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Margarita Aguilar

Council Member Frank Vierra (Absent)

Council Member Theresa Land

Council Member Gurpal Samra

Mayor Espinoza opened the meeting for public comment at 6:15 p.m. There was no public comment and the City Council adjourned to the City Hall Conference Room for Closed Session at 6:15 p.m. to discuss the following matters:

1. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager

2. Public Employee Performance Evaluation

(Government Code Section 54957)

Title: Acting City Manager

3. Conference with Legal Counsel – Existing Litigation.

Government Code Section 54956.9(a).

a. Foster Poultry Farms, Inc. v. City of Livingston, et al, California Superior Court, County of Merced, Case No. CV000752.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 7:15 p.m. The Council moved from the Conference Room to the City Council Chambers for the Regular Meeting.

REGULAR MEETING

CALL TO ORDER

Mayor Espinoza called the meeting to order at 7:15 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Margarita Aguilar

Council Member Frank Vierra (Absent)

Council Member Theresa Land

Council Member Gurpal Samra

CLOSED SESSION ANNOUNCEMENTS

Mayor Espinoza announced that Item #2 on the Closed Session agenda would be continued to the first meeting in January 2011.

CHANGES TO THE AGENDA

There were no changes to the agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation of Plaque to Fire Captain Danny Suarez and introduction of new

Fire Engineer Mario Rivera.
Neither Danny Suarez nor Mario Rivera was present. Mayor Espinoza publicly thanked Mr. Suarez for his service as Fire Captain.

2. Presentation by BESST, Inc. on Water Well Profiling.

Michelle Whitman, Environmental Scientist from BESST, Inc. gave a presentation on well diagnostics and well modification to remediate water quality issues. Handouts were provided to the Council.

Luis Flores, 707 Almondwood Drive, asked Ms Whitman what was affecting the wells. Ms. Whitman noted that the economy had been a driver to alternative solutions.

Mayor Pro-Tem Aguilar asked Kathryn Reyes, Public Works Superintendent to provide an overview of the training she attended. Ms. Reyes noted that well diagnostics was a good alternative to expensive treatment. She explained testing for maximum contaminate levels. It was suggested that residents go to the Environmental Protection Agency (EPA) website for additional information. Ms. Whitman noted that the water resource board was using a very conservative standard for maximum contaminate levels.
Council Member Samra asked what the success rate of well modification was. Ms. Whitman noted there was no hard number and this was relatively a new option. Mr. Samra also asked if the City wells were a candidate for deeper drilling. Ms. Reyes noted that there were some options; however these options would be costly.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Juan Corona was in attendance on behalf of Supervisor Pedrozo. Mr. Corona shared informational items related to rail safety around railroad tracks. He read an email from Supervisor Pedrozo related to the high-speed rail project.

City Council Members’ Announcements and Reports.

Council Member Gurpal Samra

· Noted that December 7 is Pearl Harbor Day.

· Reported that the City now has the entire agenda packets on the City website as well as the Municipal Code. He thanked Donna Barnes for her work on the website.

· Wished everyone a Merry Christmas and Happy New Year.

Council Member Theresa Land

· Reported that she attended the annual lighted Christmas parade and the turnout was good.

· Reminded everyone that December 8, at 6:00 p.m.was the next skate park meeting.

· Reported that the Toys-for-Tots toy distribution would be held on December 21, and applications were available at the Livingston Police Department.

· Commented there would be a senior citizen Christmas luncheon at St. Jude’s Catholic Church on December 20 at 12:00 noon.

· Reported that the Fourth of July Committee joined the shares program where the consumer could use their shares card at Save Mart or Food Max and 3% of the purchase was given to the committee.

Mayor Pro Tempore Margarita Aguilar

· Thanked everyone for supporting the annual lighted Christmas parade.

· Reminded the community that schools will be out for winter break December 17 through January 9.

· Thanked Vickie Lewis and staff for working with the new governing body. She noted that the City website looked good and there was more information available on both Channel 2 and the website.

· Wished everyone a Merry Christmas and Happy Year and issued a reminder to support U.S. troops.

Mayor’s Announcements and Reports.

Mayor Rodrigo Espinoza

· Thanked everyone for attending the Christmas parade.

· Thanked Jose Sanchez for the beautiful pictures. Noted that he would provide a CD to staff to post on Channel 2 and the City website.

· Announced there would be no City Council meeting on December 21.

· Noted that he recently attended the Merced County Association of Governments (MCAG) Governing Board meeting and was disappointed to learn that the City didn’t apply for grants through MCAG and all the surrounding cities applied and received funding. He was not sure why this happened.

· Presented a plaque to Warren Urnberg as the plaque was not available at the last meeting.

Acting City Manager Announcements and Reports.

· Reported she had no announcements, but wanted to wish everyone a Merry Christmas

and Happy New Year.

PUBLIC HEARINGS

3. Resolution of the City Council of the City of Livingston Authorizing Implementation of Outside Watering Restrictions Per Title 9, Chapter 5, Section 72, of the City of Livingston Municipal Code.

Acting City Manager Lewis noted this item was originally presented to the Council in November 2010. The Council requested that the public have an opportunity to speak to this issue.

Mayor Espinoza and Council Member Samra asked that this item be continued.

The hearing was opened for public comment at 8:15 p.m.

Warren Urnberg, 1331 Eighth Street, noted that he would prefer the resolution go into effect in April 2011. He recommended that the ordinance allow two warnings to be given prior to a citation be issued.

Luis Flores, 707 Almondwood Drive, noted his support for the watering restrictions.

The hearing was closed at 8:20 p.m. as there were no further comments from the public.

Mayor Pro-Tem Aguilar agreed with Mr. Urnberg’s suggestion. She asked that fines for violations be lowered.

Council Member Samra asked that charges for violations be clearly stated within the ordinance.

Mayor Espinoza asked that the Council be provided different scenarios from which to choose.

City Attorney Sanchez clarified the changes the Council wished to implement.

CITIZEN COMMENTS

Luis Flores, 707 Almondwood Drive, noted that he was in favor of the recent changes to the website. He asked who the Council liaison to the Planning Commission was. Council Member Land said she was. Mr. Flores also asked if anyone knew the reason for Council Member Vierra’s absence. In addition, Mr. Flores asked if there was anything that could be done to force attendance as Mr. Vierra provided no reason for his absence.

Mayor Pro-Tem Aguilar noted the benefits to having the agenda packets on the website. She thanked Donna Barnes for her efforts.

CONSENT CALENDAR

Council member Samra asked that Items #6 and #7 be voted on separately because he was not on the Council at the time.

Motion: M/S Aguilar/Samra to approve Items #4, #5 and #8. The motion carried 4-0.

Motion: M/S Aguilar/Espinoza to approve Items #6 and #7. The motion carried 3-0, with Council Member Samra abstaining.

4. Resolution No. 2010-64, for the Acceptance of the Basketball Courts at Walnut Sports Complex, Authorizing the City Clerk to Record a Notice of Completion with Merced County and Authorizing the Acting City Manager to Release Performance and Materials Bonds and to Make Final Payment of Retention Monies to Hensley’s Paving, Inc.

5. Denial of Claim for Damage from Mao Moua.

6. Approval of Minutes of Meeting Held on August 17, 2010.

7. Approval of Minutes of Meeting Held on September 21, 2010.

8. Approval of Warrant Register Dated December 1, 2010.

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Resolution Approving and Authorizing the Acting City Manager to Execute a Lease Purchase Agreement with Leasing 2, Inc., for a Schwarze A7000 Regenerative Air Street Sweeper.

Kathryn Reyes gave overview of the lease purchase agreement for street sweeper.

Acting City Manager Lewis noted that this item was approved in the budget. Council Member Samra asked when the sweeper would be delivered. Ms. Reyes noted that it should arrive by December 16. Ms. Lewis confirmed a conversation with her contact at Leasing 2, Inc., and was assured of that. Ms. Lewis reported that the item was originally approved in the budget in the sanitation fund, however, the funding was now going to come from gas tax funds. The cost was approximately $4,400 per month.

Motion: M/S Samra/Land to adopt Resolution No. 2010-65, Approving and Authorizing the Acting City Manager to Execute a Lease Purchase Agreement with Leasing 2, Inc., for a Schwarze A7000 Regenerative Air Street Sweeper. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

10. Resolution Authorizing the Acting City Manager to Prepare and Distribute a Request for Proposals (RFP) to Initiate Water, Wastewater and Solid Waste Rate Studies Pursuant to Proposition 218.

Acting City Manager Lewis gave overview of the items needed to move forward with the water, wastewater and solid waste studies. Council Member Samra added clarification on what this process entails. Mayor Pro-Tem Aguilar noted that factors to be considered would the local community’s economics. Mayor Espinoza noted that the current Council was working hard to fix the current water issues.

Motion: M/S Aguilar/Espinoza to adopt Resolution No. 2010-66, Authorizing the Acting City Manager to Prepare and Distribute a Request for Proposals (RFP) to Initiate Water, Wastewater and Solid Waste Rate Studies Pursuant to Proposition 218. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

11. Resolution of the City Council of the City of Livingston Filling the Vacancy in the Office of City Clerk by Appointment.

Acting City Manager Lewis noted that the City Clerk moved out of the City limits and pursuant to the Government Code vacated the seat. City Attorney Sanchez provided clarification on the Government Code process.

Mayor Espinoza nominated City Treasurer Antonio “Tony” Silva as City Clerk creating a vacancy for City Treasurer. The motion carried 4-0.

Motion: M/S Espinoza/Land to appoint Antonio “Tony” Silva as City Clerk. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

12. Resolution of the City Council of the City of Livingston Establishing a Voluntary Policy Regarding Attendance at City Council Meetings by Members of the City Council.

Council Member Samra asked that this item be tabled until there are five members present. Mayor Pro-Tem Aguilar noted that she feels differently and that this item has been held off long enough. Council Member Land agreed with Ms. Aguilar.

Mayor Espinoza gave an overview of the item and then opened it to the public at 8:52 p.m.

Warren Urnberg, 1331 Eighth Street, stated that Council Member Vierra had missed six meetings in a row. He commented that Mr. Vierra was voted in by the community to do a job and if he wasn’t going to attend meetings that he should step down.

Mayor Pro-Tem Aguilar agreed. She stated that it appeared that Mr. Vierra was choosing not to be a part of the Council.

Council Member Samra stated that if the group wished to move forward, then he would agree. Mr. Samra noted some changes that would need to be made to the resolution.

City Attorney Sanchez suggested that options could be brought back to the Council. Mr. Sanchez clarified that the policy if voted on was still voluntary. He suggested that a report be provided regularly on attendance.

Motion: M/S Espinoza/Land to table this item. The motion carried 3-1, with Mayor Pro-Tem Aguilar voting no.

ADJOURNMENT

The meeting was adjourned by consensus at 9:12 p.m.

_______________________________

City Clerk of the City of Livingston

APPROVED: January 4, 2011

______________________________

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.