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Meeting Date: August 02, 2016
MEETING MINUTES
CLOSED SESSION/REGULAR MEETING
LIVINGSTON CITY COUNCIL
JUNE 21, 2016
A Closed Session/Regular Meeting of the Livingston City Council was held on June 21, 2016, in the City Council Chambers with Acting Mayor Samra presiding.
CALL TO ORDER
Acting Mayor Samra called the meeting to order at 6:10 p.m.
ROLL CALL
Mayor Rodrigo Espinoza (Excused Absence)
Mayor Pro-Tem Gurpal Samra
Council Member Jim Soria
Council Member Arturo Sicairos (Late Attendance)
Council Member Alex McCabe
Acting Mayor Samra opened and subsequently closed Citizen Comments at 6:11 p.m. as there were no comments from the public.
CLOSED SESSION
Acting Mayor Samra opened the meeting for public comments at 6:11 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: 2
2. 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
3. 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
4. Conference with Labor Negotiator
(Government Code Section 54957.6)
Agency Negotiators: Interim City Manager/City Attorney
Employee Organization: Public Works/Parks Unit
REGULAR MEETING
Acting Mayor Samra called the meeting to order at 7:08 p.m.
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.
ROLL CALL
Mayor Rodrigo Espinoza (Excused Absence)
Mayor Pro-Tem Gurpal Samra
Council Member Jim Soria
Council Member Arturo Sicairos
Council Member Alex McCabe
CLOSED SESSION ANNOUNCEMENTS
None.
CHANGES TO THE AGENDA
Item No. 12 will be discussed at a future City Council meeting while reviewing the City’s Urban Water Management Plan.
ANNOUNCEMENTS AND REPORTS
Supervisor John Pedrozo Announcements and Reports.
None.
City Staff Announcements and Reports.
Police Chief Chavez gave a PowerPoint presentation regarding a school trip to Yosemite National Park to see President Obama speak about environmental protection. Police Chief Chavez showed photographs and videos from that trip.
Council Member Sicairos talked about his experience meeting President Obama at Yosemite National Park.
Local elementary school teacher, Edith Salazar, talked about her experience at Yosemite National Park and thanked Police Chief Chavez for assisting her with this excursion.
Students and chaperons talked about their experience meeting President Obama.
Alternate City Engineer Manrique reported that the Engineering Department has been very active this year. Well #17 and the Downtown Improvement Projects are going well and are on schedule for completion.
Recreation Superintendent Benoit announced that firework booths will sell fireworks starting June 28, 2016. Superintendent Benoit reminded the community to be safe when lighting fireworks.
City Manager Announcements and Reports.
Interim City Manager Ortiz announced that the City is currently searching for grant opportunities to address different City needs.
City Council Members’ Announcements and Reports.
Council Member McCabe reported that he recently attended a LAFCO community meeting.
Mayor’s Announcements and Reports.
None.
CITIZEN COMMENTS
Acting Mayor Samra opened Citizen Comments at 7:29 p.m.
Colette Alvernaz, P.O. Box 255, mentioned that her ancestors immigrated to the United States several hundred years ago so she understands the immigrants who currently live in Livingston. She believes that these people aspire for a small rural community with high quality services and that the City should do its best to satisfy these desires.
Katherine Schell-Rodriguez, P.O. Box 163, asked if any Closed Session items have been settled and/or signed since April 2016.
City Attorney Sanchez replied that contracts have not been signed.
Acting Mayor Samra closed Citizen Comments at 7:34 p.m., as there were no further comments from the public.
PUBLIC HEARING
1. Public Hearing to Consider Approval of a Resolution Approving the Negative Declaration of a Resolution Adopting the 2016 – 2014 Housing Element Update.
Contract City Planner Hatch noted that this Housing Element does not require any changes to zoning designations, annexations, or land use codes. This document is not a growth plan for new development areas. The Housing Element qualifies for a Negative Declaration under CEQA review. The California Department of Housing submitted a letter stating that the draft should be certified by the State if it is adopted by City Council. A certified Housing Element would make the City eligible for various State and Federal grants.
City Attorney Sanchez asked Contract City Planner Hatch to give examples of the changes that were made to the Housing Element.
Contract City Planner Hatch provided examples of said changes. He explained these modifications were made to clarify some of the policies that existed in the previous Housing Element.
Acting Mayor Samra opened the Public Hearing at 7:52 p.m.
Katherine Schell-Rodriguez, P.O. box 163, asked if staff could explain how low income housing projects could have priority to City sewer and water services.
Contact City Planner Hatch explained that City Council or staff will show preference to low income housing projects over fair market housing projects, if there is a shortage of water supplies.
Colette Alvernaz, P.O. Box 255, announced that the City has not achieved many of its goals regarding water quantity, water quality, etc.
Jean Okuye, 10029 W. Olive Avenue, noted that groundwater issues are being ignored.
Luis Flores, 707 Almondwood Drive, noted that the agenda should be corrected to show that the time frame of the housing element spans between the years of 2016 and 2024.
Alternate Planning Commissioner Robert Wallis noted that the Housing Element may need to be revised to show that Grace Nursing Homes is outside the City limits.
Contract City Planner Hatch replied that the Housing Element does not propose any plans or projects. The Housing Element acknowledges that vacant land is available within City limits for housing developments. If someone proposes a housing project on vacant land, the City would assess those projects independently and review things like water quality, design compatibility, fire access, traffic, etc.
Acting Mayor Samra closed the Public Hearing 8:09 p.m., as there were no further comments from the public.
Council Member McCabe asked if the Planning Commission recommended approval of the Housing Element.
Contract City Planner Hatch replied yes.
Acting Mayor Samra asked if future annexations require City review and environmental review.
Contract City Planner Hatch replied yes to both questions.
Motion: M/S McCabe/Soria adopt Resolution No. 2016-29 Approving a Negative Declaration for the 2016-2024 Housing Element Update. The motion carried 4-0-1 by the following roll call vote:
AYES: Council Members: McCabe, Sicairos, Soria, Samra
NOES: Council Members: None
ABSENT: Council Members: Espinoza
Motion: M/S McCabe/Soria adopt Resolution No. 2016-30 adopting the 2016 – 2024 Housing Element Update. The motion carried 4-0-1 by the following roll call vote:
AYES: Council Members: McCabe, Sicairos, Soria, Samra
NOES: Council Members: None
ABSENT: Council Members: Espinoza
CONSENT CALENDAR
2. Approve Purchase of New Electronic LED Digital Board.
3. Purchase of One New Utility Truck for Water Department and One New Utility Truck for Landscape Maintenance District.
4. Approval of Minutes of the Meeting Held on April 19, 2016.
5. Approval of Minutes of the Meeting Held on May 3, 2016.
6. Approval of Warrant Register Dated June 17, 2016.
Motion: M/S McCabe/Soria to approve the Consent Calendar. The motion carried 4-0-1 by the following roll call vote:
AYES: Council Members: McCabe, Sicairos, Soria, Samra
NOES: Council Members: None
ABSENT: Council Members: Espinoza
DISCUSSION AND POTENTIAL ACTION ITEMS
7. Resolution Continuing the 2015/2016 Fiscal Year Budget and Authorizing the Interim City Manager to Continue Making Required Expenditures to Meet Current or Immediate Financial Obligations Until the 2016/17 Fiscal Year Budget is Adopted.
Interim City Manager Ortiz introduced this item. City budget workshops will be held in either July or August. The City’s budget has been balanced thus far. The General Fund is expected to have a surplus of $500,000 for the next budget cycle.
Acting Mayor Samra opened Public Comments at 8:24 p.m.
Colette Alvernaz, P.O. Box 255, recommends that City Council consider hiring Fire and Police staff during the next budget cycle.
Acting Mayor Samra closed Public Comments at 8:26 p.m., as there were no further comments from the public.
Motion: M/S Soria/Sicairos to adopt Resolution No. 2016-31 Continuing the 2015/2016 Fiscal Year Budget and Authorizing the Interim City Manager to Continue Making Required Expenditures to Meet Current or Immediate Financial Obligations Until the 2016/17 Fiscal Year Budget is Adopted. The motion carried 4-0-1 by the following roll call vote:
AYES: Council Members: McCabe, Sicairos, Soria, Samra
NOES: Council Members: None
ABSENT: Council Members: Espinoza
8. Resolution Suspending the Collection of Regional Transportation Impact Fees Established by Ordinance No. 613 and Codified in Title 4 Chapter 7 of the Livingston Municipal Code.
Interim City Manager Ortiz introduced this item and explained that suspending Regional Transportation Impact Fees may allow investors to fund projects in Livingston and spur local economic development.
Acting Mayor Samra opened Public Comments at 8:29 p.m.
Colette Alvernaz, P.O. Box 255, asked if tax funds will be used to replace monies collected from these fees.
Acting Mayor Samra replied no. He explained that these fees are collected voluntarily by the City to pay for regional projects that are generally located outside of the City limits. These fees will not replace local impact fees, which are used to pay for local public improvements like repairing roads and sidewalks.
Katherine Schell-Rodriguez, P.O. Box 163, noted that the City may have difficulty obtaining funding for regional projects if the collections of RTIF are suspended.
Acting Mayor Samra closed Public Comments at 8:37 p.m., as there were no further comments from the public.
Acting Mayor Samra replied that Livingston, like other cities in Merced County, have collected RTIF and have yet to benefit from their contributions.
Council Member McCabe noted that economic development is critical for funding local services.
Council Member Sicairos added that Livingston has the two most developable exits along Highway 99 (within Merced County). Suspending these fees will help establish Winton Parkway as a regional stop for drivers traveling along Highway 99.
Motion: M/S McCabe/Sicairos to adopt Resolution No. 2016-32 Suspending the Collection of Regional Transportation Impact Fees Established by Ordinance No. 613 and Codified in Title 4 Chapter 7 of the Livingston Municipal Code. The motion carried 4-0-1 by the following roll call vote:
AYES: Council Members: McCabe, Sicairos, Soria, Samra
NOES: Council Members: None
ABSENT: Council Members: Espinoza
9. Resolution Awarding a Contract to De Nora Water Technologies, Inc. to Change Out the Arsenic Adsorption Media at Well #16 and Authorizing the Interim City Manager to Execute the Agreement.
Alternate City Engineer Manrique introduced this item and announced that the City has at least two wells with arsenic, which includes Wells #13 and #16. The MCL’s have been reduced with backwash. The cost of media replacement was budgeted within this budget cycle.
Acting Mayor Samra opened Public Comments at 8:49 p.m.
Katherine Schell-Rodriguez, P.O. Box 163, asked if this project is considered an emergency.
Alternate City Engineer Manrique replied yes.
Katherine Schell-Rodriguez asked if Well #16 is being used more frequently than expected.
Alternate Engineer Manrique replied that Well #16 is being used as expected.
Acting Mayor Samra closed Public Comments at 8:51 p.m., as there were no further comments from the public.
Council Member McCabe asked if media can be stockpiled or if it has a shelf life. It may be wise to purchase media in advance to prevent emergency replacements.
Alternate City Engineer Manrique replied that media generally does not have a shelf life. Usually, there are enough warning signs (showing the media expiring ) that the City can purchase new media without requiring an emergency replacement. However, the condition of the existing media deteriorated more rapidly than expected so an emergency replacement was required.
Motion: M/S Soria/McCabe to adopt Resolution No. 2016-33 Awarding a Contract to De Nora Water Technologies, Inc. to Change Out the Arsenic Adsorption Media at Well #16 and Authorizing the Interim City Manager to Execute the Agreement. The motion carried 4-0-1 by the following roll call vote:
AYES: Council Members: McCabe, Sicairos, Soria, Samra
NOES: Council Members: None
ABSENT: Council Members: Espinoza
10. Resolution Approving a Contract with Tesco Controls to Provide Programming and Integration Services to Add the Recently Installed Variable Frequency Drives (VFDs) at Wells No. 8 and 16 into the SCADA System.
Alternate City Engineer Manrique introduced this item.
Acting Mayor Samra opened Public Comments at 8:57 p.m.
Katherine Schell-Rodriguez, P.O. Box 163, noted that it is unfortunate that the City had many emergency repairs this year.
Acting Mayor Samra closed Public Comments at 8:59 p.m., as there were no further comments from the public.
Motion: M/S McCabe/Soria to adopt Resolution No. 2016-34 Approving a Contract with Tesco Controls to Provide Programming and Integration Services to Add the Recently Installed Variable Frequency Drives (VFDs) at Wells No. 8 and 16 into the SCADA System. The motion carried 4-0-1 by the following roll call vote:
AYES: Council Members: McCabe, Sicairos, Soria, Samra
NOES: Council Members: None
ABSENT: Council Members: Espinoza
11. Discussion and Council Direction: Selection of City Logo Design.
Council Members McCabe and Sicairos recommended giving local art students an opportunity to design the City logo when school is back in session.
12. Discussion and Possible Direction Regarding Amendment to Water Restrictions Relating to Watering Schedule.
This item was postponed to a subsequent meeting.
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