Approval of Minutes of the Meeting Held on April 19, 2016.

Note from TheGardeningSnail: this page may have been produced by running a PDF Image File through a program that converts Image to Text. My apologies for any textual gremlins that may have crept in. I have also broken up some of the longer Paragraphs to make reading easier

Meeting Date: June 21, 2016

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

APRIL 19, 2016

A Closed Session/Regular Meeting of the Livingston City Council was held on April 19, 2016, in the City Council Chambers with Mayor Espinoza presiding.

CALL TO ORDER

Mayor Espinoza called the meeting to order at 6:14 p.m.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra

Council Member Jim Soria

Council Member Arturo Sicairos

Council Member Alex McCabe

Mayor Espinoza opened and subsequently closed Citizen Comments at 6:16 p.m. as there were no comments from the public.

CLOSED SESSION

Mayor Espinoza opened the meeting for public comments at 6:17 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. Public Employee Performance Evaluation

(Government Code Section 54957)

Title: Interim City Manager

3. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager Recruitment

4. Conference with Real Property Negotiator

(Government Code Section 54956.8)

Real Property: Portion of APN: 047-160-001

Negotiating Parties: Interim City Manager/City Attorney

and Jim Briscoe Enterprises

Under Negotiation: Lease Renewal

5. Conference with Real Property Negotiator

(Government Code Section 54956.8)

Real Property: APN Nos.: 047-140-006 & 047-140-0017

Negotiating Parties: Interim City Manager, City Attorney

Under Negotiation: Sale of Property

REGULAR MEETING

Mayor Espinoza called the meeting to order at 7:10 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

Council Member Alex McCabe

CLOSED SESSION ANNOUNCEMENTS

City Attorney Sanchez announced that the City Council formally evaluated Interim City Manager Ortiz during Closed Session. The outcome was very positive and the City Council would like the community to know that Interim City Manager Ortiz is doing an outstanding job. In addition, the City Council discussed the following matters during Closed Session:

· Item #3 regarding the recruitment process for a new City Manager.

· Item #4 regarding a lease for City property that will be renewed.

· Item #5 regarding the sale of City property. The City has ordered an appraisal for this property.

CHANGES TO THE AGENDA

None.

AWARDS. PRESENTATIONS, PROCLAMATIONS

1. Presentation: Marjorie Kirn, Executive Director of the Merced County Association of Governments (MCAG) on the proposed Transportation Expenditure Plan which outlines a flexible approach to spending more than $450 million of new revenue to address the region’s transportation needs over three decades. Half of the funding will go directly to our local governments for local transpiration needs. The remaining funds will be used for funding for projects of regional benefit, as well as transit.

MCAG Director Kim talked about the County’s proposed half-cent sales tax measure and explained that this measure will give the County a Self Help designation and allow the County to qualify for more Federal funds. Half of the taxes collected will be disbursed to incorporated jurisdictions to help pay for local transportation improvement projects. The remaining taxes will be used as matching funds for Federal grants for regional transportation projects.

Mayor Espinoza opened Public Comments 7:17 p.m.

Katherine Shell-Rodriguez, P.O. Box 163, asked the following questions:

· Would the City of Livingston be guaranteed any regional projects?

· Will the Oversight Committee Meetings be open to the public?

· How will one region of the County loan money to another region of the County (as stated in the agenda packet)?

Regarding the first question, Mayor Espinoza replied that this proposal would guarantee $150,000.00 per year for the City of Livingston.

Executive Director Kim replied that Livingston has already benefited from several regional projects. For example, the Hammatt Avenue overpass was expanded as part of a regional project. Moreover, cities will receive two types of funds. One fund is a standard amount guaranteed for all cities and the other amount is based on population and vehicle miles traveled. Moreover, the Oversight Committee meetings will be open to the public.

Both sides of the County, East and West, will be transparent with information and they will be staffed by MCAG with a Citizen’s Advisory Committee. Regarding loans, each region of the County will have the ability to loan funds (East and West County regions). Moreover, these funds can be used to secure State or Federal Funds, allowing the County to have more money for traffic improvement projects.

Mayor Espinoza announced that for several years he advocated to get Livingston to join the RTIF program, but Livingston has yet to benefit from this program. In addition, historically, Livingston has not been considered for the Governing Board Chair position with MCAG. Many citizens have noted that most MCAG projects have benefited other cities like Atwater and Merced.

Luis Flores, 707 Almondwood Drive, asked about the feasibility of obtaining Federal funds. Mr. Flores stated that the report estimates that Livingston should receive $368,000.00 from this measure for local projects. This may seem like a lot of money, but it will not be enough to fund many projects.

Executive Director Kim replied that the average price for street projects varies, but those funds could be used to fix less expensive improvements such as sidewalks and potholes.

Mayor Espinoza closed Public Comments at 7:37 p.m., as there were no further comments from the public.

Council Member McCabe asked how much money will be collected from Livingston for this tax measure.

Executive Director Kim replied that Livingston will contribute approximately $800,000.00. per year.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

None.

Supervisor Pedrozo announced that the City of Merced was recently eliminated from Phase 1 of the California High Speed Rail plan. County officials will be in contact with the State to see if they can reverse this decision. Moreover, Supervisor Pedrozo announced that the County will be working with Mayor Espinoza and City staff to draft a new tax sharing agreement.

Mayor Espinoza mentioned that Livingston’s tax sharing agreement has been voided since 2009.

Supervisor Pedrozo replied that he would like to schedule a meeting to discuss these matters further.

Council Member McCabe asked if he could attend that meeting.

Supervisor Pedrozo welcomed Council Member McCabe to attend that meeting.

City Staff Announcements and Reports.

Recreation Superintendent Benoit announced that the City’s swimming pool may be closed for the summer due to construction projects. Furthermore, she noted that the City may need additional sporting facilities to accommodate increased enrollment in sports like basketball. Moreover, the Merced County Health Department announced that they may have funds to pay for a Certified Farmers Market in Livingston.

City Engineer Gouveia announced that Well #17 is currently under construction and is on schedule for completion. The City’s Wastewater Treatment Plant will be discussed at the next City Council meeting. The City is in the process of organizing a pavement management system where pavement is analyzed and ranked in order for the need of repairs or replacement. This study can be a basis for ranking capital improvement projects. This study may also help the City acquire outside funds.

City Manager Announcements and Reports.

Interim City Manager Ortiz announced that City staff will soon hold internal budget meetings.

City Council Members’ Announcements and Reports.

Council Member McCabe announced that he attended a 4th of July Committee meeting. They are fundraising diligently for the festival. In addition, he invited the community to attend the City’s Cinco de Mayo Festival on May 8th at the Max Foster Sports Complex.

Mayor’s Announcements and Reports.

Mayor Espinoza announced that he recently attended a Mosquito Abatement District Plan meeting. There is a partnership between UC Merced students and UC Davis to analyze mosquitoes throughout the County. He was pleased with the amount of research happening in the County.

CITIZEN COMMENTS

Mayor Espinoza opened Citizen Comments at 8:10 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, explained that the County and City’s Tax Sharing Agreement Master Plan was canceled, because the City’s General Plan made it unfeasible for the County to continue the contract with the City’s projected growth at that time. The County notified the City several times about this and no meetings were scheduled.

Mayor Pro-Tem Samra noted that this may not have been the case, as the County has also had issues with other cities like Merced.

City Attorney Sanchez noted that this item will be discussed later tonight.

Luis Flores, 707 Almondwood Drive, commended the Police Department on their MAPS program. He announced the UC Davis Center for Regional Change will have a meeting next Saturday at the Merced County Multicultural Arts Center. He invited the community to attend. Additional information can be found online.

Mike Torres, 1616 8th Street, opined that the City is not enforcing its ordinances (such as ordinances regarding watering days, visual corner triangles, and landscaping).

Mayor Espinoza replied that enforcement issues are related to the City’s tight budget.

Mayor Espinoza closed Citizen Comments at 8:26 p.m., as there were no further comments from the public.

CONSENT CALENDAR

2.Council Authorize Purchase of New Police Vehicle.

3. Council Authorize Staff to Purchase Portable Radios and Accessories Utilizing 2015 State Homeland Security Grant Program.

4. Resolution No. 2016-16 Authorizing the Interim City Manager, or his Designee, to Submit an Application to the California Department of Resources Recycling and Recovery (CalRecycle) for the Beverage Container Recycling Program.

5. Council Designate Equipment/Property as Surplus and Authorize Staff to Dispose of Property Appropriately.

6. Approval of Warrant Register Dated April 14, 2016

Mayor Espinoza pulled Item No. 5 for separate discussion.

Motion: M/S Samra/Sicairos to approve Consent Calendar Items Nos. 2, 3, 4, and 6. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: McCabe, Sicairos, Soria, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: None

Regarding Item #5, Mayor Espinoza announced that this auction will be open to the general public. He pulled this item for separate discussion to make this announcement.

Motion: M/S Samra/Sicairos to approve Consent Calendar Item No. 5. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: McCabe, Sicairos, Soria, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Resolution Approving the Purchase and Installation of Variable Frequency Drives (VFDs) at Wells No. 8 and 16.

City Engineer Gouveia introduced this item. Well #14 was taken offline because of health concerns. Then there were some issues with the water pressure at the east side of the City.

Mayor Espinoza opened and closed Public Comments at 8:33 p.m., as there were no comments from the public.

Mayor Espinoza noted that VFDs are necessary to alleviate pressure on the pumps and the oscillation system.

Motion: M/S Samra/Soria to adopt Resolution No. 2016-17 Approving the Purchase and Installation of Variable Frequency Drives (VFDs) at Wells Nos. 8 and 16. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: McCabe, Sicairos, Soria, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: None

8. General Discussion of Property Tax Revenue Sharing Agreement between the City of Livingston and Merced County.

Mayor Espinoza introduced this item. General discussion followed.

Mayor Espinoza opened and closed the Public Comments at 8:44 p.m., as there were no comments from the public.

ADJOURNMENT

The meeting was adjourned by consensus at approximately 8:45 p.m.

_________________________________

City Clerk of the City of Livingston

APPROVED: June 21, 2016

_____________________________

Mayor or Mayor ProTempore

The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available, upon request, and may be obtained at Livingston City Hall.

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