4 Approval of Minutes of Meeting Held on July 5, 2016.

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

JULY 5, 2016

A Closed Session/Regular Meeting of the Livingston City Council was held on July 5, 2016, in the City Council Chambers with Mayor Espinoza presiding.

CALL TO ORDER

Mayor Espinoza called the meeting to order at 6:07 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 6:09 p.m., as there were no comments from the public.

CLOSED SESSION

Mayor Espinoza opened the meeting for public comments at 6:10 p.m. There were no comments and the Council went into Closed Session immediately thereafter to discuss the following matters:

1. Conference with Real Property Negotiator

(Government Code Section 54956.8)

Real Property: APN: 024-114-016

Negotiating Parties for City: Interim City Manager/City Attorney

and Quirino and Clara Cervantes

Under Negotiation: Potential Property Purchase

2. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiators: Interim City Manager/City Attorney

Employee Organization: Public Works/Parks Unit

REGULAR MEETING

Mayor Espinoza called the meeting to order at 7:03 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

No reportable action was taken during Closed Session.

CHANGES TO THE AGENDA

Item No. 9 was moved ahead of Item No. 5.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

None.

City Staff Announcements and Reports.

City Engineer Gouveia gave a PowerPoint presentation regarding the Winton Parkway Extension (from B Street to F Street). This project requires the acquisition of right-of-way from the Livingston Union School District, undergrounding public utilities, an MID lateral, and reconfiguring the traffic signal at B Street and Winton Parkway. City Engineer Gouveia showed the proposed site plan, which includes street lights, a median, two northbound lanes and two southbound lanes, sidewalk, and street trees. Extending Winton Parkway could help attract more commercial development.

City Attorney Sanchez talked about the Medical Marijuana Ordinance. The State of California is providing guidelines and a framework for allowing dispensaries. This year’s ballot may include allowing marijuana for recreational purposes. A cultivation tax may be imposed by the State, where cannabis plants are taxed by weight. Cities and counties have the option of taxing medical marijuana. The City Attorney’s office can provide a workshop on these matters, if needed.

City Manager Announcements and Reports.

None.

City Council Members’ Announcements and Reports.

Council Member McCabe thanked the 4th of July Committee for putting together a successful festival.

Council Member Sicairos thanked Council Member McCabe and others for volunteering at the 4th of July Festival.

Mayor Pro-Tem Samra thanked everyone who assisted with this event.

Council Member Soria commended the 4th of July Committee for organizing the festivities.

Mayor’s Announcements and Reports.

Mayor Espinoza reported that there was an increase usage of illegal fireworks. He encouraged the community to use market approved fireworks. The firework booths in town did a great job helping customers and cleaning their booth area.

CITIZEN COMMENTS

Mayor Espinoza opened Citizen Comments at 7:32 p.m.

Luis Flores, 707 Almondwood Drive, congratulated Mayor Espinoza for being elected Merced County Supervisor for District 1. Moreover, Mr. Flores noted that road construction on Main Street may interfere with school routes when school starts in August. In addition, Mr. Flores asked about the City’s decision to suspend Regional Transportation Impact Fees (RTIF) and questioned what those fees normally fund. In addition, he asked if the City supports the County’s Self Help Tax measure.

City Attorney Sanchez replied that the RTIF pays for regional transit projects throughout Merced County, not for local street projects. Local street projects and public improvements are funded through Public Facility Impact Fees. Developers are still responsible for paying those local impact fees.

Mayor Espinoza concurred with City Attorney Sanchez and added that the City is still evaluating the pros and cons of the County’s Self Help Tax measure.

City Clerk Tony Silva commended Mayor Espinoza on being elected District 1 County Supervisor. Moreover, he noted that the City should be concerned about children playing on the construction equipment on Main Street.

City Engineer Gouveia replied that the Downtown Beautification Project will improve the walk-ability of the students walking to school. Portions of the project will be constructed over 6 months, but there should be minimal impact on school routes. In closing he said that all construction equipment should be secured to ensure the safety of residents.

Mayor Espinoza closed Citizen Comments at 7:42 p.m., as there were no further comments from the public.

PUBLIC HEARINGS

1. 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, Confirming Assessments for Fiscal Year 2016/2017.

City Attorney Sanchez announced that Council Members Soria and Sicairos will be recusing themselves for the next two items.

Council Members Sicairos and Soria left the Council Chambers.

Willdan Financial Services staff introduced this item.

Mayor Espinoza opened and closed the Public Hearing at 7:45 p.m., as there were no comments from the public.

Mayor Pro-Tem Samra noted that the staff report makes it appear that this item was open for community protest. This should not be required because fees are being increased by less than the Consumer Price Index (CPI).

City Attorney Sanchez replied that the Staff Report is not accurate. This is an error. This item did not require community input or consideration of majority protest.

Motion: M/S Samra/McCabe to adopt Resolution No. 2016-33, 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, Confirming Assessments for Fiscal Year 2016/2017. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: McCabe, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: None

ABSTAIN: Council Members: Sicairos and Soria

2. Proceedings under the Benefit Assessment Act of 1982, Government Code Section 547003, et. seq.: for the Approval to Levy Annual Assessments for the Livingston Benefit Assessment Districts, Confirming Assessments for Fiscal Year 2016/2017.

Willdan Financial Services staff introduced this item

Mayor Espinoza opened and closed the Public Hearing at 7:49 p.m., as there were no comments from the public.

For the record, Mayor Pro-Tem Samra asked if there was a majority protest.

City Attorney Sanchez re-iterated that this item did not require a protest count.

Motion: M/S Samra/McCabe to adopt Resolution No. 2016-34, Proceedings under the Benefit Assessment Act of 1982, Government Code Section 547003, et. seq.: for the Approval to Levy Annual Assessments for the Livingston Benefit Assessment Districts, Confirming Assessments for Fiscal Year 2016/2017. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: McCabe, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: None

ABSTAIN: Council Members: Sicairos and Soria

Council Members Sicairos and Soria returned to the Council Chambers at 7:52 p.m. after action was taken on this item.

CONSENT CALENDAR

3. Resolution No. 2016-35 Approving the Annual Local Transportation Fund (LTF) Claim to be Filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2016/2017.

4. Approval of Warrant Register Dated June 30, 2016.

Motion: M/S Sicairos/Samra to approve the Consent Calendar. 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

Item No. 9 was moved ahead of Item No. 5.

9. Discussion and Possible Direction Regarding the Use of the City-Owned 12 Acres Next to the Max Foster Sports Complex.

Mayor Espinoza introduced this item. He noted that the City may need to modify its parks master plans to provide more soccer fields.

City Attorney Sanchez added that staff is double checking the zoning and general plan designations of this property. If the subject site is zoned industrial, it may require a re-zone, general plan amendment, and environmental review.

Interim City Manager Ortiz noted that the subject site is most likely designated as parks or open spaces.

Council Member McCabe asked if there is a demand for additional soccer fields and if additional parking will be provided for community events.

Mayor Espinoza noted that there is a demand for additional soccer fields, as there were a record number of soccer registrants last year.

Mayor Espinoza opened Public Comments at 8:03 p.m.

Salvador Guallie announced that he is searching for soccer facilities for soccer tournaments. He communicated with the Central Valley Soccer League and there is a demand for soccer fields in Merced County.

Anna Alberto, from the Central Valley Soccer League, announced that her organization currently has tournaments in Modesto. Traveling there is difficult for many parents from Merced County who work in the fields and may not have reliable transportation to travel to games in Modesto.

Mayor Espinoza closed Public Comments at 8:09 p.m., as there were no comments from the public.

Council Member Soria commended the speakers for being involved in youth organizations.

Mayor Pro-Tem Samra recommends that City staff search for grant opportunities to develop this site. He is supportive of having some sort of multi-purpose facility at this site.

Council Member McCabe announced that the City should be extremely proactive about developing this site, if that is their desire. The City should consider all funding opportunities, in addition to grants. If the City wants to be aggressive about securing grants, then there should be consideration for hiring a grant writer.

City Council gave staff direction to move forward with developing additional soccer fields and researching to determine if this project requires a re-zone and/or general plan amendment.

5. Resolution Extending Resolution 2014-63 Declaring Intent Not to Enforce Certain Provisions of

Livingston Municipal Code Section 5-6-5 to Protect Vacant and Existing Legal Nonconforming Residential Units in the Downtown Commercial (DTC) Zoning District for a Period of Five (5) Years.

Contract City Planner Hatch introduced this item. The current DTC Zone does not allow residential uses, which means that there are many legal non-conforming uses that prohibit the expansion of residential units or the continuation of vacant residential units. The zoning code should be altered to allow minor improvements to residential properties, such as adding a patio or living space.

Mayor Espinoza noted that this resolution helps residents refinance their properties in the Downtown Commercial Zone.

Mayor Pro-Tem Samra recommends notifying the affected property owners.

Mayor Espinoza opened and closed the Public Hearing at 8:25 p.m., as there were no comments from the public.

Motion: M/S Soria/Samra to adopt Resolution No. 2016-36 Extending Resolution 2014-63 Declaring Intent Not to Enforce Certain Provisions of Livingston Municipal Code Section 5-6-5 to Protect Vacant and Existing Legal Nonconforming Residential Units in the Downtown Commercial (DTC) Zoning District for a Period of Five (5) Years. 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

6. Resolution Authorizing the Interim City Manager to Execute the Program Supplement Agreement No. 011-N1 Administering Agency-State Agreement No. 10-5256R for the Sidewalk Infill on Stefani, White, Crowell, and Simpson: Federal Project No. CML-5256 (016) and Authorizing the Interim City Manager to Act on Behalf of the City of Livingston.

City Engineer Gouveia introduced this item.

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

Motion: M/S Samra/Soria to Resolution No. 2016-37 Authorizing the Interim City Manager to Execute the Program Supplement Agreement No. 011-N1 Administering Agency-State Agreement No. 10-5256R for the Sidewalk Infill on Stefani, White, Crowell, and Simpson: Federal Project No. CML-5256 (016) and Authorizing the Interim City Manager to Act on Behalf of the City of Livingston. 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

7. Resolution Adopting a New Drug and Alcohol Administrative Policy.

Interim City Manager Ortiz introduced this item. This policy would allow pre-employment drug testing and drug testing City employees with reasonable suspicion. Additional training will be provided to staff. Testing facilities have been identified in Turlock and Merced.

City Attorney Sanchez noted that reasonable suspicions are defined in the appendix portion of this policy.

Mayor Espinoza announced that this policy is critical, because many City employees operate heavy machinery and dangerous equipment.

Mayor Pro-Tem Samra asked if testing will be an issue for drugs that stay in the system for an extended period of time.

City Attorney Sanchez replied that drug testing facilities are trained to determine how long a drug has been in a person’s body system.

Mayor Espinoza opened and closed the Public Hearing at 8:40 p.m., as there were no comments from the public.

Motion: M/S Soria/Samra to adopt Resolution No. 2016-38 Adopting a New Drug and Alcohol Administrative Policy. 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. Designate Voting Delegate and Alternate for League of California Cities Annual Conference.

Mayor Espinoza introduced this item.

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

Motion: M/S Soria/Sicairos to Designate Voting Delegate (Council Member McCabe) and Alternates (Mayor Pro-Tem Samra and Mayor Espinoza) for the League of California Cities Annual Conference. 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

ADJOURNMENT

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

____________________________________

Deputy City Clerk of the City of Livingston

APPROVED: September 6, 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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