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MEETING MINUTES
CONCURRENT MEETING OF THE CITY
COUNCIL AND SUCCESSORY AGENCY TO
THE REDEVELOPMENT AGENCY
OF THE CITY OF LIVINGSTON
APRIL 21, 2015
A Closed Session/Regular Meeting of the Livingston City Council and Successor Agency to the Redevelopment Agency of the City of Livingston was held on April 21, 2015, in the City Council Chambers with Mayor Espinoza presiding.
CALL TO ORDER
Mayor Espinoza called the meeting to order at 6:03 p.m.
ROLL CALL
Mayor Rodrigo Espinoza
Mayor Pro-Tem Gurpal Samra
Council Member Jim Soria
Council Member Arturo Sicairos (Excused Absence)
Council Member David Mendoza (Excused Absence)
Mayor Espinoza opened and subsequently closed Citizen Comments at 6:04 p.m. as there were no comments from the audience.
CLOSED SESSION
Mayor Espinoza opened the meeting for public comments at 6:05 p.m. There were no comments and the Council went into Closed Session immediately thereafter to discuss the following matters:
1. Conference with Legal Counsel – Potential Litigation
[(Government Code Section 54956.9(d)(2)]
Number of Cases: 1
2. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: Interim City Manager Odi Ortiz
Employee Organizations: All Represented and
Non-Represented City Employees
REGULAR MEETING
Mayor Espinoza called the meeting to order at 7:04 p.m.
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.
ROLL CALL
Mayor Rodrigo Espinoza
Mayor Pro-Tem Gurpal Samra
Council Member Jim Soria
Council Member Arturo Sicairos (Excused Absence)
Council Member David Mendoza (Excused Absence)
CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.
CHANGES TO THE AGENDA
Council Member Samra pulled Item #4 from the Consent Calendar for separate discussion.
AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
1. Color Guard by Livingston Police Explorer Post 518.
Invocation by Police Chaplain Mike Outten.
Introduction and Affirmation of Oath of Office and re-pinning of Badges for Police Officer Taylor Kollmann and Reserve Police Officer Enrique Villalobos by Police Chief Ruben Chavez.
Police Chief Chavez introduced the new police officers and talked about their education (Reserve Officer Villalobos attended CSU Stanislaus and Officer Kollmann attended UC San Diego), and welcomed family members in attendance.
2. Presentation by Dennis Mueller (VP/CTO) of American Solar Utility on the following:
– Livingston City Energy Assessment status.
– Solar project Aggregate Net-Metering options with both PG&E and MID.
– Solar project Land Options.
– Solar project Power Purchase Agreement – Options between ASU and Livingston.
– Energy Efficiency technologies (lighting, etc.) with near and long-term options.
– Next steps and schedule.
Mayor Pro-Tem Samra asked about the City’s role in replacing street lights.
Interim City Manager Ortiz replied that various street lights are owned by the City and others are owned by PG&E.
Dennis Mueller explained that the analysis considered City-owned lights only.
Mayor Pro-Tem Samra believes the City should consider the benefits of either leasing or owning the system.
Dennis Mueller replied that both options are available. A third option is to start by leasing the system then, after several years, purchasing the system.
City Attorney Sanchez noted that these systems are expensive. Other communities can’t afford to purchase the systems so they start with a leasing agreement.
Mayor Espinoza opened this item for Public Comments at 7:46 p.m.
Katherine Schell-Rodriguez, P.O. Box 163, mentioned that the land being decommissioned by Foster Farms to the City will not be available until the site has been remediated.
Council Member Soria asked about the system’s monitoring process.
Dennis Mueller replied that a digital system showing savings and energy production can be installed at an off-site location such as City Hall, if desired.
Council Member Soria asked if other cities are interested in this system.
Dennis Mueller replied that several cities are interested, such as Woodland and Gonzalez.
ANNOUNCEMENTS AND REPORTS
Supervisor John Pedrozo Announcements and Reports.
Supervisor Pedrozo was not in attendance.
City Staff Announcements and Reports.
Police Chief Chavez gave a PowerPoint presentation regarding burglary statistics, animal citations, gang sweeps, and Explorer Scout activities.
Mayor Espinoza thanked Police Chief Chavez for bringing the brother of Cesar Chavez to Livingston.
Mayor Pro-Tem Samra thanked the Police Department for patrolling both the Sikh Parade and Kite Festival.
Council Member Soria announced that he is impressed with the Police Explorer’s involvement in community events.
Recreation Superintendent Benoit announced that a water polo event will take place at the community pool this Saturday. Baseball has begun, the swim team starts in May, the Circus will be in town in May at Max Foster Park (tickets available at City Hall), and the Downtown Open Market will begin soon.
City Manager Announcements and Reports.
Interim City Manager Ortiz announced that CVS will have their grand opening this Sunday.
City Council Members’ Announcements and Reports.
Mayor Pro-Tem Samra announced that Ramona Giwargis (in attendance at this meeting) from Merced Sun-Star will soon be working with the San Jose Mercury. He, along with other Council Members, wished Ramona Giwargis good luck with her future endeavors.
Mayor’s Announcements and Reports.
Mayor Espinoza announced that the City’s Downtown Open Market will begin in early May. Moreover, he will be working with Assembly Member Adam Gray on ground water related issues.
PUBLIC HEARINGS
3. Resolution 2015-17 Adopting the Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan.
City Engineer Mario Gouveia introduced this item. Action on this item is required to qualify for certain federal grants. Studies were conducted on public parking spaces to identify improvement areas that should be addressed when funding is available (not tied to a specific timeline).
Mayor Espinoza opened and subsequently closed Public Comments at 8:10 p.m. as there were no comments from the audience.
Mayor Pro-Tem Samra suggested that staff identify grant opportunities to help pay for these projects.
City Engineer Gouveia replied that grant opportunities are being reviewed. Safe Routes to School grants are often a good starting point for these types of projects.
Mayor Espinoza mentioned that this topic is extremely important, especially when many lawsuits have been filed in regards to ADA parking.
Motion: M/S Samra/Soria to adopt Resolution No. 2015-17, Approving the Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan. The motion carried 3-0 by the following roll call vote:
AYES: Council Members: Soria, Samra, Espinoza
NOES: Council Members: None
ABSENT: Council Members: Sicairos, Mendoza
CITIZEN COMMENTS
Mayor Espinoza opened Citizen Comments at 8:12 p.m.
Warren Urnberg, 1331 8th Street, asked if the City has equipment to level uneven sidewalks on Main Street.
Interim City Manager Ortiz replied that the City can address this now or when public improvements are installed as part of the City’s Downtown Revitalization Plan.
Katherine Schell-Rodriguez, P.O. Box 163, announced that in August of 2013, Utility Rates Stakeholders Committee reviewed a feasibility analysis by Kennedy-Jenks, which showed that the City does not have sufficient water available for future growth. Recently, the State announced that it will require a 25% reduction in water usage (in relation to usage from 2013). She asked if it is possible for the City to grow (residential and commercial projects) when the State requires water reduction.
City Attorney Sanchez replied that many of these topics will be addressed during another item on the agenda. The City has done a great job at managing water usage.
Mayor Espinoza mentioned that it is contradictory for a City to grow and reduce water consumption at the same time. The hope is that the drought ends soon so that water limitations do not hinder development. Nevertheless, it is important for individuals, cities, and corporations to practice water conservation.
Mayor Espinoza closed Public Comments at 8:19 p.m. as there were no further comments from the audience.
CONSENT CALENDAR
4. City Council Authorize the Purchase and Installation of Memorial Marker for the Late City of
Livingston Planning Commissioner Michael Anthony Silva.
5. City Council Authorization for the Purchase of One New Police Vehicle.
6. Approval of Warrant Register Dated April 2, 2015.
7. Approval of Warrant Register Dated April 16, 2015.
Mayor Pro-Tem Samra announced that Item #4 was pulled due to a citizen’s request.
Motion: M/S Samra/Soria to approve Consent Calendar Items #5, #6, and #7. The motion carried 3-0 by the following roll call vote:
AYES: Council Members: Soria, Samra, Espinoza
NOES: Council Members: None
ABSENT: Council Members: Sicairos, Mendoza
Warren Urnberg, 1331 8th Street, requested that this item be pulled for separate discussion. He suggested that the plaque also include other local leaders.
Mayor Espinoza replied that something similar was brought to his attention when a street was named in honor of a veteran. He believes that it is up to each Council to recognize leaders lost during their tenure.
Mayor Pro-Tem Samra noted that this is a unique case because Planning Commissioner Michael Silva was serving on the Commission when he passed away. He believes that the City should work with the Livingston Historical Society to identify local leaders that also deserve recognition.
Council Member Soria noted that the City’s website can be used to honor all local leaders.
Mayor Espinoza believes it is difficult to honor all leaders because the City has limited resources.
Motion: M/S Samra/Soria to approve Consent Calendar Item #4. The motion carried 3-0 by the following roll call vote:
AYES: Council Members: Soria, Samra, Espinoza
NOES: Council Members: None
ABSENT: Council Members: Sicairos, Mendoza
CONSENT CALENDAR – CITY COUNCIL/SUCCESSOR AGENCY
8. Adoption of Two Resolutions (2015-02 and 2015-03) Approving a Four (4) Year Loan Repayment Agreement Between the City of Livingston and the Successor Agency to the Redevelopment Agency.
Mayor Espinoza opened Public Comments at 8:30 p.m.
Katherine Schell-Rodriguez, P.O. Box 163, asked for background information for this item.
City Attorney Sanchez replied that this item is directly related to the State dissolving the Redevelopment Agency (RDA). Within the last few years, the Department of Finance informed the City that it was receiving invalid payments from the RDA and now the Department of Finance is requiring that the City return those funds. A payment plan may be created to make the repayment process more manageable.
Mayor Espinoza closed Public Comments at 8:34 p.m., as there were no further comments from the audience.
Motion: M/S Soria/Samra to adopt Successor Agency Resolution No. 2015-02, and City Council Resolution No. 2015-18, Approving a Four (4) Year Loan Repayment Agreement Between the City of Livingston and the Successor Agency to the Redevelopment Agency. The motion carried 3-0 by the following roll call vote:
AYES: Council Members: Soria, Samra, Espinoza
NOES: Council Members: None
ABSENT: Council Members: Sicairos, Mendoza
CITIZEN COMMETNS
Mayor Espinoza re-opened Citizen Comments at 8:37 p.m.
Randeep Singh (address unknown) spoke about water conservation. He believes that the City should coordinate water conservation efforts with other agencies such as school districts and industrial businesses. In closing, he mentioned that staff should be diligent about enforcing the City’s Water Ordinance.
Mayor Espinoza closed Citizen Comments at 8:41 p.m. as there were no further comments from the audience.
DISCUSSION AND POTENTIAL ACTION ITEMS
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