Approval of Minutes of Meeting Held on June 8, 2016.

Note from TheGardeningSnail: This page was prepared by running a PDF Image File through a program which converts Image to Print. My apologies for any textual Gremlins that may have crept in. I may also have broken up some of the larger paragraphs and highlighted a few sections.

Meeting Date: May 16, 2017

clip_image002

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

JUNE 8, 2016

A Closed Session/Regular Meeting of the Livingston City Council was held on Wednesday, June 8, 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 (Late Attendance)

Council Member Alex McCabe

CLOSED SESSION

Mayor Espinoza opened the meeting for public comments at 6:08 p.m. There were no comments and the Council went into Closed Session immediately thereafter to discuss the following matters:

3.  Conference with Legal Counsel – Potential Litigation

((Government Code Section 54956.9(d)(2))

Number of Cases: 2

4. Conference with Real Property Negotiator

(Government Code Section 54956.8)

Real Property: APN: 047-140-016 and 047-140-017

Negotiating Parties for City: Interim City Manager/City Attorney

Under Negotiation: Potential Property Sale

5. Conference with Real Property Negotiator

(Government Code Section 54956.8)

Real Property: APN: 046-250-006 and 047-090-012

Negotiating Parties for City: Interim City Manager/City Attorney

Under Negotiation: Potential Property Sale

REGULAR MEETING

Mayor Espinoza called the meeting to order at 7:17 p.m.

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 no reportable action was taken during Closed Session.

PLEDGE OF ALLEGIANCE

The Livingston Police Department Post 518 Color Guard led the flag salute.

CHANGES TO THE AGENDA

City Attorney Sanchez announced that Items No. 6 and No. 7 (regarding the process for the Consolidated Landscape Maintenance Assessment District and the Benefit Assessment District) will be reviewed separately from the Consent Agenda, because Council Member Sicairos and Council Member Soria reside within some of these districts and they will recuse themselves from these items.

AWARDS, PRESENTATIONS AND PROCLAMATIONS

1. Invocation by Police Chaplain Mike Outten.

Swearing-in of New Police Officers Donald Cole and Brando Butler.

Police Chief Chavez introduced new officers Donald Cole and Brando Butler.

The Oath of Office was administered by City Clerk Silva and Mayor Espinoza.

2. Presentation of Plaque of Recognition by Mayor Espinoza to Zeus Baldevia for his Selection as 2015 Police Officer of the Year.

Mayor Espinoza presented the plaque of recognition to Officer Baldevia.

3. Presentation of Plaque of Recognition by Mayor Espinoza to Chief Ruben Chavez and Members of the Livingston Police Department for being Honored with the 2016 James Q. Wilson Award for Excellence for the Implementation of the Department’s Community Policing Program, Mental Health and Police in Schools (MAPS) in Conjunction with the Livingston Union School District and Merced County Department of Mental Health.

Mayor Espinoza presented the plaque and congratulated Police Chief Chavez and his Department.

Police Chief Chavez recognized his officers and stated that it was an honor to receive this award.

4. Presentation of a Plaque to the Family of the Late Guadalupe “Lupe” Garcia in Memory, Recognition and Appreciation for his Many Contributions to the City and the Community.

Mayor Espinoza presented a plaque to the Family of Guadalupe Garcia.

City Council took a break at 7:38 p.m. to allow new officers to take pictures with their families and friends.

The City Council Meeting reconvened at 7:49 p.m.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

None.

City Staff Announcements and Reports.

Police Chief Chavez congratulated Mayor Espinoza on being elected Merced County Supervisor for District 1 and provided a PowerPoint presentation regarding the following:

  • Burglary action plan status report

  • California Police Chiefs Association

  • Animal control statistics for May 2016

  • Gang enforcement status report for May 2016

  • LHS Sober Grad Program

  • Livingston Police Foundation Scholarships Recipients (a Police Explorer received a scholarship)

  • Boys Scouts of America

  • Greater Yosemite Council Rio del Oro District 2016 post of the year

  • Merced County Law Enforcement 2015 Officer of the Year Award

  • Laguna Seca detail for the month of May

  • Police Explorers participation in the E&J Gallo family picnic in May

  • CA Police Chiefs Association Legislative Day

Contract City Planner Randy Hatch updated the City Council on building permits pulled by Sun Valley Estates (31 permits pulled thus far). Staff has received interest from other builders about developing vacant lots throughout town.

Parks and Recreation Superintendent Benoit thanked Lupe Garcia’s family for making donations to the Parks & Recreation Department. In remembrance of their father, they asked that donations be made to the Recreation Department to help kids that cannot pay fees to play organized sports. Over $500 were collected.

City Engineer Gouveia gave a few updates regarding the completion of Well #17 and Downtown improvement projects.

Mayor Espinoza asked City Engineer Gouveia if he has had a chance to analyze the cost of downtown improvements.

City Engineer Gouveia will provide this information at a future meeting.

Mayor Espinoza asked about developing a project to reduce vehicle congestion at Winton Parkway and “B” Street.

Fire Captain David Scheurich discussed the Fire Department’s Incident Report. He added that they recently held a fundraiser at Winton Parkway for the Burn Foundation and Muscular Dystrophy support. They raised over $2,700.00.

City Manager Announcements and Reports.

Interim City Manager Ortiz reported that City staff will continue to focus on year-end budget reviews and employee contracts.

City Council Members’ Announcements and Reports.

All City Council Members congratulated Mayor Espinoza for being elected County Supervisor for District 1.

Council Member Soria gave his condolences to the Garcia family. He also asked for the location of the City’s cooling centers. Mayor Espinoza replied designated cooling centers were the Police Department and the Senior Center.

Council Member McCabe reported that there have been musical band changes for 4th of July celebration.

Council Member Sicairos thanked the Garcia family for donating money to the Parks and Recreation Department.

Mayor Pro-Tem Samra thanked the Garcia family for Lupe’s many years of service to the City of Livingston.

Mayor’s Announcements and Reports.

Mayor Espinoza mentioned that the plaque in front of City Hall (next to the front door of the building) has Lupe’s name engraved on it. It has been there since City Hall was built in 1986. Moreover, he reported some street lights that need to be repaired or replaced. In closing, he thanked his supporters in District #1. He will be supporting Livingston and representing residents within the community.

CITIZEN COMMENTS

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

Colette Alvernaz, P.O. Box 255, thanked the Fire Department for being present. She thanked them publicly for their assistance with her special needs child. She added that she is reviewing the City’s 1992 Master Plans. She came across various statements. It appears that the City is short staffed in both the Fire Department and Police Department. She asked the City Planner if building permits are having a significant impact on water capacity.

Patricia Flores thanked everyone for her father’s plaque. Her father loved Livingston and did a lot for the community. She thinks her father deserved additional recognition such as having a park named after him.

Mayor Espinoza said City staff will look at the possibilities available to further recognize her father.

Alternate Planning Commissioner Robert Wallis, 1697 Spruce Court, asked about compliance with AB1234 and ethics training. The City should record who is in compliance with these requirements.

Mayor Espinoza closed Citizen Comments at 8:17 p.m., as there were no further comments from the public.

PUBLIC HEARING

5. Public Hearing to Consider Approval of a Resolution Approving the Negative Declaration and Approval of a Resolution Adopting the 2016-2024 Housing Element Update.

City Attorney Sanchez recommended that City Council continue this item to their next meeting of June 21, 2016, to be able to address all comments received.

Chelsey Payne representing Mintier Harnish provided a presentation regarding the Housing Element Update and explained all revisions made. The City currently has adequate zoning and vacant land to accommodate future housing needs. The Housing Element Update does not require annexations. It provides additional information on capacity for emergency shelters in the DTC and P-F zones. In addition, the plan addresses affordable mobile home parks, and acknowledges SB1087 priority water and sewer service for projects that include affordable housing.

Ms. Payne added that on April 19, 2016, the City received a letter from the California Department of Housing and Community Development stating that the City is in compliance with State law.

Mayor Espinoza opened the meeting for Public Comments at 8:29 p.m.

Jean Okuye, 10028 W. Olive Avenue, read a letter from Attorney Marsha Burch, representing Valley Land Alliance and Farm Bureau.

Katherine Schell-Rodriguez, P.O. Box 163, noted that the City may not have the water capacity to accommodate future growth.

Colette Alvernaz, P.O. Box 255, noted that she turned in her comments, but she cannot access them on the agenda packet. She questioned if the Housing Element Update qualified for a Negative Declaration under CEQA review.

Doug Wells, 16508 W. River Road, noted that the City should review prior master plans and consider their impacts.

Mayor Espinoza closed Public Comments at 8:42 p.m., as there were no further comments from the public.

Motion: M/S Samra/Sicairos to continue this item to the next City Council meeting. The motion carried 5-0-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CONSENT CALENDAR

City Attorney Sanchez asked for separate votes for Items No. 6 and No. 7.

6. Initiating Proceedings and Ordering the Preliminary Engineer’s Report for the Annual Levy of

Assessments for Fiscal Year 2016/2017 for the Citywide Consolidated Landscape Maintenance Assessment District No. 1, Approving the Engineer’s Report, Declaring the City’s Intention to Levy Annual Assessments for the District, and Appointing a Time and a Place for a Public Hearing.

Council Members Sicairos and Soria recused themselves from this item due to conflict.

Motion: M/S Samra/McCabe to adopt Resolution No. 2016-24 Initiating Proceedings and Ordering the Preliminary Engineer’s Report for the Annual Levy of Assessments for Fiscal Year 2016/2017 for the Citywide Consolidated Landscape Maintenance Assessment District No. 1, Approving the Engineer’s Report, Declaring the City’s Intention to Levy Annual Assessments for the District, and Appointing a Time and a Place for a Public Hearing. 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, Soria

7. Initiating Proceedings and Ordering the Preliminary Engineer’s Report for the Annual Levy of Assessments for Fiscal Year 2016/2017 for the Livingston Benefit Assessment Districts, Declaring the City’s Intention to Levy Annual Assessments within Such Districts, and Appointing a Time and Place for a Public Hearing.

Council Members Sicairos and Soria recused themselves from this item due to conflict.

Motion: M/S Samra/McCabe to adopt Resolution No. 2016-25 Initiating Proceedings and Ordering the Preliminary Engineer’s Report for the Annual Levy of Assessments for Fiscal Year 2016/2017 for the Livingston Benefit Assessment Districts, Declaring the City’s Intention to Levy Annual Assessments within Such Districts, and Appointing a Time and Place for a Public Hearing. The motion carried 3-0-2 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

ABSTAIN: Council Members: Sicairos, Soria

8. Approval of Minutes of the Meeting Held on February 16, 2016.

9. Approval of Minutes of the Meeting Held on March 1, 2016.

10. Approval of Warrant Register Dated June 3, 2016.

Motion: M/S Samra/McCabe to approve the above items from the consent calendar. The motion carried 5-0-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

11. Resolution Approving Revised Transportation Expenditure Plan.

MCAG staff was present to answer questions.

Mayor Espinoza opened Public Comments at 8:46 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked if any changes were made to this document since it was last reviewed.

MCAG representative replied that there were some changes to the text.

Colette Alvernaz, P.O. Box 255, asked if MCAG noticed when the City was digging at the Wastewater Treatment Plant. That dirt was dropped on County roads the City is using. It should pay its fair share to fix those roads. She expressed concern that the City is not properly selling soil.

Mayor Espinoza closed Citizens Comments at 8:53 p.m., as there were no further comments from the public.

Mayor Pro-Tem Samra noted that MCAG is not responsible for repairing roads. He added that City vehicles use County roads, but County vehicles use City roads, too. We share roads. If a vehicle has a license plate, you can drive it on any road.

Mayor Pro-Tem asked MCAG representative if the revised Transportation Expenditure Plan had been approved by the County already.

MCAG representative said the Board of Supervisors had already approved it. He added that the Technical Review Board had made a recommendation that the Governing Board go forth with it.

Discussion followed.

Mayor Espinoza stated that some cities don’t have faith in MCAG. Money that is being held by MCAG can be changed or loaned out by MCAG. Livingston is not going to get help with any projects for many years. He cannot support this if there is no money there for Livingston.

Mayor Pro-Tem Samra moved to adopt Resolution Approving the Revised Transportation Expenditure Plan. Motion failed due to lack of a second.

12. Resolution Approving a Two (2) Year Professional Services Agreement for Planning Services and Authorizing the Interim City Manager to Execute Agreement with Selected Firm.

Interim City Manager Ortiz introduced this item. He noted that an RFP was generated March 2nd and due March 31st. Four RFP’s were submitted. Staff set up a panel of six, 2 City staff, 1 consultant and 3 professionals from outside agencies. The results of the evaluations were: Collins and Schoettler came in first, JB Anderson second, Four Creek third, and Stantec Consulting Services, Inc. fourth.

Only representatives from the firms of Collins and Schoettler and JB Anderson attended the Council meeting.

Candidates introduced themselves and gave an overview of their services.

Mayor Espinoza opened and closed Public Comments at 9:21 p.m., as there were no comments from the public.

Motion: M/S Samra/Sicairos to adopt Resolution 2016-26 Approving a Two (2) Year Professional Services Agreement for Planning Services and Authorizing the Interim City Manager to Execute Agreement with Collins and Schoettler. The motion carried 5-0-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Mayor Espinoza moved Item 16 ahead of Item 13.

16. Discussion and Council Direction: Council to Consider Establishment of “Star of Fame/Recognition” Signage Area Erected on the Current Downtown Main Street Improvement Project (Sidewalk Areas).

Mayor Espinoza recommended a star or plaque be erected in recognition of long time Livingston musical group “Los Kinos.”

Mayor Pro-Tem Samra agrees that we need to recognize talent. He supports a star on the sidewalk.

Mayor Espinoza opened Public Comments at 9:28 p.m.

Colette Alvernaz, P.O. Box 255, Livingston, noted that changes to the sidewalk should comply with ADA requirements.

Warren Urnberg, 1331 8th Street, recommends that local talent be recognized near our local museum.

Mayor Espinoza closed Public Comments at 9:30 p.m., as there were no further comments from the public.

Motion: M/S Samra/Espinoza to authorize staff to work on creating the Los Kinos star of fame/plaque. The motion carried 5-0-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

13. Adopt Resolutions Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 8, 2016, for the Election of the Mayor and Three (3) Council Members, a City Clerk, and a City Treasurer as Required by the Provisions of the Laws of the State of California Relating to General Law Cities; and Requesting the Board of Supervisors of the County of Merced Consolidate a General Municipal Election to be Held on November 8, 2016, with the Statewide General Election to be Held on the Date Pursuant to Section 10403 of the Elections Code.

City Attorney Sanchez introduced this item.

Mayor Espinoza opened and closed Public Comments at 9:34 p.m., as there were no comments from the public.

Motion: M/S Samra/Soria to adopt Resolutions 2016-27 and 2016-28 Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 8, 2016, for the Election of the Mayor and Three (3) Council Members, a City Clerk, and a City Treasurer as Required by the Provisions of the Laws of the State of California Relating to General Law Cities; and Requesting the Board of Supervisors of the County of Merced Consolidate a General Municipal Election to be Held on November 8, 2016, with the Statewide General Election to be Held on the Date Pursuant to Section 10403 of the Elections Code. The motion carried 5-0-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

14. Discussion and Council Direction: Regional Transportation Impact Fee (RTIF) Ordinance.

Mayor Espinoza proposed eliminating or suspending Livingston’s participation in the collection of the RTIF.

Council Members McCabe and Soria support the elimination of the RTIF.

Mayor Espinoza opened Public Comments at 9:38 p.m.

Randy Hatch said the RTIF is a companion piece to the ½ cent sales tax. He attended a meeting regarding the RTIF a month ago and they decided to continue that discussion until the November election to see what happens with the ½ cent sales tax. There is not enough transportation dollars to improve our roads throughout California. In the ½ cent sales tax measure, there is a large percentage that comes back to the jurisdiction.

He recommends that this item be continued until they see what happens with the November election. Then we can revisit that issue and maybe we can develop some flexibility. He thinks it is a little premature to drop from it now. If we take it out now and add it back in later, it is harder to explain it to a developer.

MCAG Transportation Manager Matt Fell said they are having a consultant do a rate study due to concerns being raised regarding equity and distribution of projects. Since this program was created in 2005 when everything was booming, it may need to be scaled back.

Colette Alvernaz, P.O. Box 255, reminded Council that they had a budget deficit in the State. She asked where the sales tax goes. Does it not go up to the State of California and then come back?

Mr. Fell said it does not. The Regional Impact Fee stays in the County.

Mayor Espinoza closed Public Comments at 9:49 p.m., as there were no further comments from the public.

Mayor Pro-Tem Samra said when businesses come to Livingston, they have fewer customers than bigger cities, but this tax is distributed proportionally. Smaller businesses have fewer customers yet they pay the same fee as bigger businesses. He is not sure he is ready to cancel the RTIF right now, but he would like to suspend it for now until the November election.

Council Member McCabe said he doesn’t want his community to be the most competitive, but instead the most desirable.

Motion: M/S McCabe/Sicairos to direct staff to prepare and bring back appropriate documents for Council to consider suspending the collection of the RTIF. The motion carried 4-1-0 by the following roll call vote:

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

NOES: Council Members: Soria

ABSENT: Council Members: None

15. Discussion and Council Direction: Council to Consider Authorizing City’s MCAG Representative (Mayor) to Initiate Discussions on Obtaining MCAG’s Support to Improve and Expand the Hammatt 99 Overpass.

Mayor Espinoza introduced this item.

Mayor Espinoza opened Public Comments at 9:58 pm

Colette Alvernaz, P.O. Box 255, asked who would be affected by the widening of Hammatt. She asked if residents have been notified about this project.

City Attorney Sanchez noted that this is not an official project.

Mayor Espinoza noted that this item is on the agenda for discussion purposes only.

Katherine Schell-Rodriguez, P.O. Box 163, noted that if Council is thinking about expanding Hammatt to widen it, you are looking at eminent domain. Yes, it was talked about in the traffic circulation master plan. That was in the document that was tossed out in court.

Mayor Espinoza closed Public Comments at 10:07 pm., as there were no further comments from the public.

Mayor Pro-Tem Samra noted that the City is already addressing Winton Parkway. This discussion to expand Hammatt all the way to Peach is not a project that is happening right now. We have to start planning it.

Motion: M/S Espinoza/Samra to authorize staff to Consider Authorizing City’s MCAG Representative (Mayor) to Initiate Discussions on Obtaining MCAG’s Support to Improve and Expand the Hammatt 99 Overpass. The motion carried 5-0-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

ADJOURNMENT

The meeting was adjourned by consensus at 10:11 p.m.

__________________________________

City Clerk of the City of Livingston

APPROVED: May 16, 2017

_____________________________

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.

Advertisements