Note from The Gardening Snail. This is a “summary” of what happened at the March 20, 2018 City Council Meeting. It is based upon the “transcript” produced by the Meeting’s YouTube Video: Which can be viewed by clicking on the following link => https://youtu.be/53Snia_KPjg
Some portions, I may have used Word for Word. Other’s, I may have paraphrased.
CALL TO ORDER Next Resolution No.: 2018-10 Next Ordinance No.: 634
Pledge of Allegiance.
Roll Call. All council members are in attendance
Changes to the Agenda.: Item #3. That Item would be continued to the next meeting. The Public hearing would be opened up and testimony taken. But the council would be asked to make a motion to continue the item to the next meeting.
AWARDS, PRESENTATIONS, PROCLAMATIONS
· Presentation by Mayor Jim Soria: Recognition of Jose Balderas, Alejandro Cervantes, Carlos Barragan, and Gabriel Maldonado Padilla, Livingston High School Students, for Act of Bravery.
The young men had been driving home recently when they noticed a vehicle on fire and thought they saw a man on the ground with his shirt on fire. They put out the fire, pulled the man away from the vehicle, called 9-1-1, and remained on the scene until help arrived.
Gabriel Maldonado Padilla an Jose Balderas were given City of Livingston watches in recognition of their bravery.
· Fourth of July Committee: Updated on 2018 Fourth of July Event and Cinco de Mayo Celebration,
Julio Valadez gave the Council a brief update on plans for the upcoming July4th Festival, and Cinco De Mayo celebration. The Committee still plans on having a large event. However, they would not be partnering with the Carlos Vierra Foundation this year. The Cinco de Mayo festival will be taking place on Sunday, May 6th: proceeds to help pay for the expenses of putting on the 4th of July Celebration. The Committee puts on various fundraisers to raise the large amounts of money needed to put on the 4th of July Celebration.
Mr. Valadez also thanked the City of its cooperation with making the 4th of July event possible: by providing facilities and assistance by Public Works and the Police Department.
This year’s July 4th Celebration is tentatively scheduled for June 29 – July 2: Friday, Saturday, and Sunday. Or Saturday, June 30 – Monday, July 3: depending on whether the Carnival Company could be here on a Monday. They would like to have the Celebration as close to the actual 4th of July as possible. But, since it is a 3-day event, holding it towards the middle of the week would not be feasible.
Mr. Valadez also invited the Council to come to the 7th Annual Kite Festival to be held on Sunday, April 8, 2018. He also thanked everyone who has been supportive while his son was in Valley Children’s Hospital.
ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.
· Gave his best wishes to Mr. Valadez and his family
· Reported that he had attended a MCAG Conference with Councilmember Alex McCabe in Monterey: mainly promoting the infrastructure needs of the County.
· Expressed concern that if SB1 was Repealed, there would not be enough money available to fix all the roads and bridges
· Encouraged people to vote Yes on Proposition 69 (Note from The Gardening Snail – Proposition 69 would require that revenue from the diesel sales tax and Transportation Improvement Fee, as enacted by Senate Bill 1 (SB 1), be used for transportation-related purposes; and exempt revenue generated by SB 1’s tax increases and fee schedules from the state appropriations limit.: Source: Ballotpedia)
· Before the March rains, Lake McClure had been at 67%. Had gone to some of the Citizen’ Advisory Committee Meetings at the time and farmers were already asking for water. Since then, there had been plenty of rain and snow. So, water deliveries weren’t needed
· The four or five days of freezing weather we’d had may have caused almond growers to lose half their crop. Perhaps the price will go up as a result.
· May 7th will be a new Amtrack run from Fresno to Sacrament via the Denair Substation.
· Looks to appoint 3 people to the Behavioral Health board in the near future
· The City of Livingston remodels are looking good.
City Staff Announcements and Reports.
Fire Department – Baraka Carter: Battalion Chief –
· It was a very busy month
· There will be a live structural training event on April 15th
· Will be participating in the Relay for Life on April 21. (With a little friendly competition against Larry’s Cowboys of Delhi to see who could raise the most money)
· With the Time Change, it is also time to change out the batteries in Smoke Detectors. The County has a program by which residents can receive a free Smoke Detector: just come by the Fire Department and fill out a quick form.
· It’s time to start mowing down any tall grass: the Fire Department will soon be implementing its Weed Abatement efforts
· (Entire report, with statistics are available by going to the Meeting Video: Beginning about the 20:59 minute mark.)
City Manager Announcements and Reports. – City Manager Jose Ramirez –
· The City is facing a few challenges
o A 42 inch storm drain, located in the area by TA, Taco Bell and the New Motel, is ¾ full of sediment for at least 100 yards. City Staff was out cleaning out the portion next to the drainage basin. Legal is going to need to figure out who is responsible for the portion located on private land. We are hoping this will not delay the opening of Motel 6: which is due to have a “soft” opening in May.
· Looking to bring before the Council a Resolution naming Livingston as a Dementia Friendly Community: in the future.
· Staff is working to update the Utility Services Ordinance. Working with legal on that
· Also working on putting on a Health & Safety Fair in conjunction with National Health Week. Council Member Aguilar has been instrumental in getting this off the ground.
City Council Members’ Announcements and Reports
· Council Member McCabe –
o Attended Cal ( ) last week
o Will be attending the WELL conference in Sacramento this week to focus on water issues
o A lot of exciting events coming up in the future. Nagar Kirtan on Sunday. The Caesar Chavez. Looking forward to both those events
· Council Member Aguilar
o Save the Date for May 4th. The entire community is invited to the annual Fire Department Pancake Breakfast by the Volunteer Fire Department. Tickets are $8. All proceeds go to buying equipment for the Volunteer Company. Come out and support your local Fire Department.
o Thanks to the Recreation Commission for putting in the Skills Assessments for the different recreation sports teams we have in Livingston. Thanks to Jackie as well for her support.
o Thanks also to all those who bought raffle tickets to help improve the Lill Guys baseball field. Appreciate all the support for that.
o Like the City Manager mentioned, we’re trying to put together a Safety/Health Fair in October: on a Saturday
· Council Member Sacairos
o Nothing to report, but wanted to thank all the High School students on their bravery
· Mayor Pro-Temp Samra
o Just want to remind everyone that the annual Sikh Parade will be this Sunday. Everyone please come and participate: Its open to everyone. Starts at the Gurdwara on Peach Avenue, from peach to Main. Then, from Main to B St: where they stop for a quick snack before heading back. Its lots of fun. Free food. Free drinks. A great way to meet your neighbors.
Mayor’s Announcements and Reports.
- Attended the Mosquito Abatement District meeting. They have $72 thousand dollars in savings to date. Spraying will begin in April in certain areas to get a jumpstart on abatement. If you have any areas of concern, give the Mosquito Abatement District a call so they can be put on the list.
PUBLIC HEARING
- Resolution Adopting the Mitigated Negative Declaration and First Reading and Introduction of Ordinance Approving the Third Amendment to the Development Agreement between the City of Livingston and JEG Livingston Ranches, LLC, Concerning 15.9 Acres Northeast of the Intersection of Robin Avenue and B Street, Livingston, CA.
- Although this item was tabled, it was opened up for comment.
- The City Attorney stated the motion would be to “Continue” the item, not “table it”, to the next Meeting because the representative for the applicant (Gallo) had some last minute questions about some of the Conditions. They are working through those and expect to be ready by the next meeting.
- There was not Public Comment on the Item
- The Motion to Continue the Item passed 5-0
CITIZEN COMMENTS
· Ricardo Soria – I hate to say, coming back again, I got wind that the people doing the Cinco De Mayo Celebration are going to be putting on a car show and they will be using that soccer field to put their vehicles in there. I don’t know if it is true. I have no idea.
o So this is the last time I come in. Its pathetic you guys are using that at these events. The fields just barely got fixed
o And now these events are coming in and they are taking time away from our players using the soccer field. This past season it was deplorable. They had to do a lot of maintenance jus. to keep it up. Then these events come in and
o I tell you guys, it’s a Sports Complex, not a Venue Complex. If the City wants a Venue Complex, it needs to put a Venue Complex somewhere else.
o Leave our soccer field alone. Its for soccer. Not horses, vehicles, tractors, heavy equipment. I mean everything has been put on that field.
o That’s the only field we got. If you guys want to damage it, then so be it.
o I don’t know who’s authorizing these permissions for these people to put vehicles and heavy equipment on there
o This is the last time I come back here to vent my frustrations. No more! The rest of the league is moving our games out.
o It seems you guys don’t want to take care of the soccer fields. I’m not coming back here any more to discuss the soccer fields. I’ll leave it up to whatever you guys want to do with it.
· Cherokee Dickey
o Representing her son who had had his car towed. She had been here before on January 8th and asked what was the procedure before towing a vehicle
o 15 days ago (she got a copy of the notice ) she had the Council look at it and asked the council if they could see where it was from/
o She stated a person could have a car sitting in the driveway and the Police could just come and get it. You wouldn’t even have to receive the Certified Letter (from the PD) they just have to say they sent it.
o The Officer said they had delivered it 3 times: December 5th, 8th, and 17th or 18th. But her son had not received the letter.
o On December 30th the officer showed up ant took the car away. Her son asked if he could just park the car inside the garage. But the officer refused to let him do so: stating it was too late. They had already called the tow truck
o At the January 8th meeting, she asked what the procedures were. But no one seemed to know.
o She called the Police Chief and later received a message about looking up the ordinance on the City Website.
o She went to the Website. And If you go there you have to be like a lawyer to read it. English is her first language and she’s college educated, and it was still difficult to figure out.
o She started thinking that she could go on vacation like so many do during Christmas and come back and her car would be gone.
o Her son’s car was stolen from him. She thought (the city) would do the right thing and not give her the runaround. She had a discussion with the City Manager and he knew due process had not been taken care of
o Then they get a letter saying that if they did not pay $600, the car would be sold.
o It’s outrageous that the citizens get their car stolen by the Police Department and that no one cares that the notice did not have a subject matter nor said where it was from.
· Harpreet Sing
o Here to invite the Council Members and public to a Sikh Awareness Event They woull be discussing Sikh-Hispanic community bonds
o Both communities have experienced similar struggles and similar issues
o Would be good to discuss the similarities in heritage
o Event will be April 6th at the Ceres Community Center 11:00 am
· Kimberly Helms Lewis
o Is running for the position of Merced County District Attorney and was invited here bu Council Member Juan Aguilar
o It was a wonderful opportunity to learn more about Livingston and meet the City Officials.
o This is a contested election this year and June 5th is Election Day.
o I am the challenger in this race
§ 20 years of practice as an Attorney: evenly divided as a criminal attorney and as a government attorney
· Working with Merced County government
· Deputy District Attorney with Stanislaus County
o Intent is to bring and return tough, fair, and honest justice to the district Attorney’s Office.
o Thank you for having me here tonight
· Jose Moran
o Here as the new Spanish Liaison for the Livingston High School Parent Center.
§ A place to have parent meetings and have a cup of coffee or just have a cup of coffee and talk about what you want to talk about
· Anything related to the school or the community: even if you don’t have a student in the High School
§ There is a Coffee Social every 2nd Wednesday of the month at 8:00 am. There ar usually Presenters there to discuss items like Health, Education,
§ Tomorrow , 9am, in the Cafeteria, there will be a mental health focus group with information provided by a group from Merced County
o The Center is organizing a parent’s trip to U.C. Davis and Sacramento State on April 13th.
o The Center also has workshops and parent classes
o Center hours are from 7:45am to 4:00pm and you can drop in any time.
o Punjabi, Spanish, and English is spoken. If other languages are needed, they will find a way to get the translation done. (ex, letters received in the mail)
· Rodrigo Espinoza
o Won’t be here for the 2nd meeting in April. Will be on vacation
CONSENT AGENDA – Passed 5/0 with no comments
· Resolution Approving Contract with Security System Solutions for Replacement of City Key Card Access System.
· Approval of Minutes of Meeting Held on December 19, 2017.
· Approval of Minutes of Meeting held on January 16, 2018.
· Approval of Warrant Register Dated March 6, 2018.
· Approval of Warrant Register Dated March 14, 2018.
DISCUSSION AND POTENTIAL ACTION ITEMS
· Resolution Approving Commercial Cannabis Application Fees and Amending Master Fee Schedule to Include the Commercial Cannabis Application Fees.
· City Attorney
· Resolution would approve Commercial Cannabis Application Fees and amend the City’s Master fee schedule to include the Commercial Cannabis Application Fees
· The council has already approved a contract with consultants who are looking t the different permitting fees: yearly fees for cannabis business. We are hoping that in a few weeks they will be done Andy you will see a resolution establishing those fees.
· The issue here is that some businesses are asking to move in now manufacturing, testing, indoor cultivation, distribution and medical cannabis, and deliver originating from outside of the city
· This resolution gets that process going. There have been some calls from folks saying they ready to at last start the process now and want to know how to start the process.
· When we looked at our fee schedule we didn’t have a fee for them to come and apply: fill out an application at least
· What the resolution does is applying to deposit fees. One we call Phase One for $1,000 and then Phase Two for $5,200. Phase one is meant to have the applicant come in and pay their deposit. They will only get charged for what they use. They will be refunded the money that staff doesn’t use. Staff will be keeping (track of their) time.
· The Phase One process is to do the initial look at their project and do the background check: make sure they have adequate control over the property or the rights to actually open up a business on that property. If the background check clears all the business owners, then they move on to Phase Two.
· Phase Two is the more detailed analysis of their project. They will also need to get an environmental clearance from the City.
· This deposit-based system, with the Phase one and Phase Two at least allows us to get people in the door. Again, we will only be charging our costs so they’ll get refunded if there’s anything (left over).
· This is just for the application. The actual other involved, the licensing fee, the cannabis permit fee, which is a yearly fee, that is what (the consultants) are looking at right now. That will be the fee to recoup your costs of the inspections from all your departments. The different things you need to do to ensure a cannabis business is operating pursuant to your ordinance.
· Another piece that will be coming before the council will be an operating agreement with every use that comes in. we currently have a draft operating agreement…that’s something else we’ll need to work on.
· The regulation clearly states that delivery and only medical delivery can happen here only if it originates outside of the City. Some businesses are thinking, what if we have a distribution center and we drive a product outside of the city and now we come back in? I don’t consider that originating (outside of the city)
· If an argument about that comes up, you can do a moratorium until you fix your ordinance
· This resolution is about Deposit Fees for the Application
· Public Comment – None
· Passed 4/1 Mayor Soria voting no
· Resolution Approving a Second Amendment to the Employment Agreement Between the City of Livingston and Ruben Chavez for the Position of Police Chief.
· City Manager
· The Chief has been very instrumental in keeping our community safe: along with his great team
· He was unable to be here due to other commitments however Sgt. Fong is here to represent him.
· There is no material change in the actual employment agreement: just a continuance of one year.
· Although he has expressed interest in maybe extending a little more. But, at this point he’s not willing to commit for more than a one-year extension.
· He’s done an outstanding job. So I recommend the Council extend the Employment Agreement for at least one additional year.
· Passed 5-0
· Resolution Authorizing Subscription to eProcess360 Service from West Coast Code Consultants, Inc., for Building Permit Services.
· Randy Hatch –
· One of the things the city liked about the West Coast Code Consultants offer when we switched our building services contactor was the ability to have an online permit system which would people to e-file their building application, schedule inspections, and internally for the department to refer those applications through email. It’s quicker and more efficient
· To utilize that service, we needed to sign up for a subscription service. There was an initial setup fee. The City Manager bargained down the setup fee to $25,000. The annual fee is $9,000.
· Since these costs are over $10,000 per calendar year, they go to the council for consideration.
· After the first year, the costs will drop back to a maximum of $9,000 per year.
· This is a web-based portal. People don’t even have to come in to submit plans in paper copy. They can upload the actual plans and they will be distributed automatically to all the departments that need to see those plans.
· This will help centralize our services for residents. This makes it simple and seamless.
· Payments can be made online. Then we automatically upload the information and send it to the departments for review and comments. The plans with comments can then be forwarded back
· This module reduces the actual time that it takes to process applications and permits and also allows us to be more efficient: reducing the amount of space that we need to put all the different plans in the office.
· It also allows everybody to see everything instantly. (plans) don’t go from one department to another for necessary comments. Everybody can start making the comments at the same time.
· Passed 5-0
· Resolution Approving the Purchase of a Wireless L.E.D. Lighted Cross Walk System from Silicon Constellations to be Installed at the Cross Walk on Main Street and “J” Street.
· Anthony Chavarria – Public Works Department
· This is a resolution asking for council approval to purchase a wireless LED crosswalk system from Silicon Constellations.
· There have been some issues at the crosswalk involving students in the past and the school district has expressed their concerns with City staff about the safety of students and have requested the installation of a lighted crosswalk.
· Staff does recommend that Silicon Constellation is used to maintain consistency and uniformity as a prior lighted crosswalk was purchased from Silicon Constellations.
· City Manager
· This is only one component. We have demoed the sidewalk. The handicap access has to meet DA requirements. So this is one piece of the overall project to address that problematic area.
· Passed 5 – 0
· City Council to Provide Staff Direction for Appointment to the Planning Commission.
· Randy Hatch – Contract Planning Director
· The term for Planning Commissioner Mr. Mendoza Gonzales has ended and he continues to serve until a replacement is found.
· He has indicated a desire to continue to serve on the Planning Commission. But that is a decision for the city Council to make.
· There are two options: to either reappoint Commissioner Mendoza-Gonzales to a new four-year term or advertise to seek those residents who may be interested in serving on the Planning Commission.
· If you do choose to advertise, we recommend we do that for 45 days: which is what we have done in the past to try to get interested citizens involved in the Planning Commission.
· Mr. Mendoza-Gonzalez has served with distinction and so there is no reason for a replacement other than the Council desire to do so to (give) other people the opportunity to serve.
· No Public Comment
· No Council Discussion
· Pass 5 – 0
· City Attorney
· The direction of the vote was to give directions to staff to prepare the resolution to bring it to the next council meeting since appointments are done by resolution.
· It can be put on that Consent Calendar.
· All the Commissioners will serve until replaced.
· Discussion and Potential Direction – Hiring of Additional Police Reserves.
· Mayor Soria
· I asked to put this on. Back in the early/late 80’s we had a large Police Officer Reserve and I’d like to see that program be built up to at least 10 to 12 Police Reserves. It is very beneficial to the community.
· We have retired personnel that would like to be Reserve and it comes in handy because it puts extra officers on the street, at school functions, and at Special Functions like the 4th of July
· Sgt. Fong
· Current we have Trained Reserves. All of our Reserves are called Level One Reserves: they have the same powers as a Full Time Police Officer.
· They are required to go through a field training program in order to work on the streets and they can work alone without an officer watching them.
· Currently we have two that have completed training. One happens to be an employee of Stanislause County in their Juvenile hall and the other has his own private business. They come up maybe once a week to help out.
· It’s beneficial in Patrol because usually it’s Friday/Saturday when we are kind of busy.
· If we were to get a Critical Incident, it would be nice to have people within the community that we can call up for assistance on perimeters, etc.
· Council Member McCabe
· What kind of financial impact are we looking at if were to bring on eight additional Reserves / increase our numbers?
· City Manager
· We would need to do an analysis of the actual equipment and things we would need to supply the with and do an estimate of what the impact would be: sit down with the chief and the staff to get a guesstimate of what that impact would be.
· Sgt. Fong
· Currently, our reserves are not paid an hourly wage.
· We do provide them equipment.
· The Reserves used to get paid. Currently they’re not. That’s something I’m hoping will change in the future.
· Mayor Soria
· When I started ad a reservist, it was just a lot of equipment. I volunteered. Most of the reserves become full-time.
· Some still just want to give back to their community
· Most of the impact would probably just be providing the tools: maybe uniforms.
· There is a requirement of how many hours need to be put in?
o Sgt. Fong
o we only require 16 hours a month. Basically 2 days.
· Mayor Soria
o But, like the sergeant mentioned, any critical incidents, or anything where we need extra manpower, we can put a call out to reserves to come out. Extra boots on the ground.
· Mayor Pro-Temp Samra
o Question for Sgt. Fong. Is there any time they pay that person or do they just continue (to be unpaid) They are not paid even after a certain number of hours? If you were to use them over 40 hours in a week, they’re still not going to be paid?
· Sgt Fong
o It’s all voluntary.
o The only provision we have is for instance if the High School requests officers to work the football game for security. They’ll pay us for that and then in turn the officers can get paid for that.
o Outside of that, the regular patrol hours are all voluntary
· Mayor Pro Temp Samra
o I think we still need something from the Chief
o We’ve always had a great pool to draw from when we do have an opening. They know the City and they’re already trained
· City Attorney
o We would have to double check. But I think the authority to hire or to have reserves and bring reserves on already belongs to the Police Department.
· Discussion and Potential Direction – Status of City Logo Design.
· Mayor Soria
· I haven’t heard anything new. Just wanted to see if we are moving forward or if we have any other ideas.
· City Manager
· There has been quite a bit of discussion. I’ve kept track even when I wasn’t here. We got our youth involved and there was quite a bit of activity.
· I would like to make a proposal that we should also look at involving the graphic design students of UC Merced, Stanislaus State, Fresno State and come up with some other alternatives that council can then look at. Then decide whether to move forward or pick from the pool that we already have or stay with the one we currently have.
· Council Member McCabe
· I liked what the High School group that came forward had presented. It would be fun to see what UC Merced or Fresno State can do with that concept: the multicolored lettering.
· Council Member Aguilar
· This would be an opportunity to involve our community or also even our staff and department heads.
· I think when the (original) direction was given to create a new logo, we missed that opportunity to involve the community more from the beginning. Not just voting on designs, but getting them involved from the beginning
· Public Comment
· Barbara Ratzlaff – As long as I can remember, we’ve had “The Last Stop” and I know that you want to change it, or it should be changed. But, when you look at it and you see the fruit and you see the 99 and you see the City of Livingston in the middle of California –
· if it ain’t broke, don’t fix it. But, that’s my feeling because I’ve been here for over sixty years in Livingston and have seen this go on and on.
· I’d like to see what you have proposed to do before you do it.
· Jose Moran –I’ve seen a lot of logos and I have some marketing expertise. Comparing this (current logo) one to others, that concept/idea maybe just needs a refresh: without having to change at all.
· After seeing what (designs the city already has) members in the community can come back with better ideas: because a logo is something that’s going to be around for many years. If there is anything we can do to brainstorm and get together with other members in the community, other student groups, and local graphic design talent, they might be able to contribute and put their little mark on our City Logo.
· Council Member McCabe
· If we are going to bring it back to the community and really try to get community involvement, maybe we should be thinking of our slogan at the same time: before we redo the design. Maybe “The Sweet Potato Capital” isn’t the thing that is really resonating with our community.
· If we are going to make changes, now is the time to involve people and maybe “The Last Stop” or “The Sweet Potato Capital” should be reconsidered at the same time
· Council Member Aguilar
· I agree with Alex on that.
· Mayor Soria
· So, we’ll make it a City Family function and get some ideas and just go from there.
· Either it stays the same or is enhanced a little bit. But make it a community involvement
· Discussion and Potential Direction – School Mascots to be Displayed at City Council Chambers.
· Mayor Soria
· I like having the history of Livingston up on our walls. It shows where Livingston comes from: always a family based, tight knit community.
· Would like to see representation of our schools: mascots up on the walls. It would provide a sense of pride to out kids in the community.
· Maybe, during Homecoming, we could put up purple and gold flags downtown.
· Mayor Pro Temp Samra
· We have a wall right there that can use some decorations.
· Mayor Soria
· So we just need to probably reach out to the schools. (might) create a more close knit community when parents etc, come in they can see that the schools are appearing on the wall and we support our schools.
· (at this point, Mayor Soria asked a young man in the audience if he would come up and make any comments about this item. Tylor Ratslaff, President of the Kay Club stated he could give the Mayor the contact info for the Spirit Coordinator from the High School.)
ADJOURNMENT
The Gardening Snail 2 