Approval of Minutes of Meeting Held on August 6, 2013

Meeting Date November 19, 2013

Agenda Item #3. Approval of Minutes of Meeting Held on August 06, 2013.

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MEETING MINUTES

 

CLOSED SESSION\REGULAR MEETING

LIVINGSTON CITY COUNCIL

AUGUST 06, 2013

 

A Closed Session/Regular Meeting of the Livingston City Council was held on August 6, 2013, in the City Council Chambers with Mayor Espinoza presiding.

CLOSED SESSION

 

The Closed Session was cancelled.

CALL TO ORDER

 

Mayor Espinoza called the meeting to order at 7:07 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

 

None.

 

CHANGES TO THE AGENDA

The City Council pulled items number 7 and number 8 from the agenda.

 

AWARDS, PRESENTATIONS, APOINTMENTS AND PROCLAMATIONS

 

1. Presentation by Alyson Watson, P.E. – RMC Water and Environment: Overview of the Merced Integrated Regional Water Management (IRWM) Program.

Alyson Watson discussed the history and funding mechanisms for the Integrated Regional Water Management Program (IRWMP). According to Ms. Watson, IRWMP was originally funded by a state-wide proposition. The distribution of the grants is based on the quality of each proposal and regional needs. Strong consideration will be given to proposals that address issues that the State deems High Priority. Recently, Merced County applied for a grant and the goal of their proposal is to address short/long term challenges regarding climate change, water conservation, and nutrition management (to name a few).

Mayor Espinoza opened the meeting for questions.

Katherine Schell-Rodriguez, P.O. Box 163 asked how this grant could be used to help the City of Livingston. She added that Livingston has many issues with groundwater.

Ms. Watson replied that Livingston plays a significant role in helping Merced County reach its regional goal.

City Manager Ramirez added that regional collaboration is important because many cities throughout the County share water via channels/streams. Therefore, from a strategic standpoint it would be more efficient for the County to have a geographically broad water management program. In addition, participating in IRWMP makes Livingston more competitive when applying for other grants.

Ms. Watson added that if Merced County is awarded any grants, the State will not require local government to pay or match a portion of the funds. This is possible because Merced County is considered an economically disadvantaged community.

Mayor Espinoza added that it is important for the City to formulate a water management plan because if it does not, the State will impose a water management plan. This would give the City less control in formulating a plan.

Mayor Pro-Tem Samra concurred with Mayor Espinoza and added that it is important for Livingston to strengthen its relationships with neighboring cities and create a regional water management plan.

City Manager Ramirez thanked RMC Water and Environment and also thanked the City Council for donating money to this organization.

Ms. Watson thanked the City Council for allowing her to give a presentation and for allowing City Manager Ramirez to collaborate with them. She said that City Manager Ramirez played an integral role in pushing their plan forward.

 

ANNOUNCEMENTS AND REPORTS

 

Supervisor John Pedrozo Announcements and Reports.

None.

City Staff Announcements and Reports.

City Engineer Gottiparthy gave an update on recent engineering related projects. He shared that the City is currently in the bidding stages for the following projects; CMAC Grant and Well #8. City Engineer Gottiparthy also announced that Well #16 should be completed in the next four weeks. In addition, he added that Livingston Commons will submit plans sometime this week.

City Manager Announcements and Reports

City Manager Ramirez announced that when City representatives went to Washington D.C. earlier this year they collaborated with dignitaries and inquired about the $455,000,000.00 that EPA set aside for California. These funds have not trickled down to local government and recently the Sacramento Bee wrote an article on this matter. Moreover, City Manager Ramirez wanted to thank grant writer, Patti Dossetti for helping Alyson Watson and IRWM assemble their grant proposal.

City Council Members’ Announcements and Reports.

Council Member Soria commented that there are currently many recreation activities available for the youth. He urged parents to support their kids and register them in sports as soon as possible.

Mayor Pro-Tem Samra had nothing to report.

Mayor’s Announcements and Reports.

Mayor Espinoza announced that the deadline to receive applications for the Utility Rates Stakeholders’ Committee closed on July 24th. The City did not receive any applications so he suggested that the City continue advertising until a qualified applicant is found.

Mayor Pro-Tem Samra agreed with Mayor Espinoza. He added that the City should consider advertising through the Merced Sun-Star.

Mayor Espinoza also commented that the City has not yet received applications for an alternate Planning Commission member.

City Manager Ramirez noted that in his reports he failed to mention that Associate Planner Holly Owen has stepped in as Interim City Planner. She will take over planning duties until the City finds an official part-time or full-time City Planner.

 

Mayor Espinoza thanked Ms. Owen for her contributions. On another note, Mayor Espinoza added that he has been receiving concerns from citizens regarding mosquitoes. He would like to meet with Public Works Director Molina and discuss this matter in depth.

 

PUBLIC HEARINGS

 

2. Proceedings under the Mello-Roos Community Facilities Act of 1982, Government Code Section 53311, Et. Seq., Forming Community Facilities District No. 2003-1 (Livingston Family Apartments), Establishing an Appropriations Limit, and Calling a Special Election for the Levy of Special Taxes.

Mayor Espinoza introduced the item and announced that the property owners have received a notice, as required by law.

Susana Medina from Willdan Financial Services elaborated on this matter. She explained that Willdan and Associates assisted the City in the formation of the CFD to help mitigate the cost of construction owned by Livingston Pacific Associates. The CFD includes a fee that will help pay for police, fire protection, and landscaping. The annual levy will cost approximately $9,800.00.

Mayor Espinoza stated that is time to take testimony from the public. He requested that each person that speaks give his name and address, and state whether he is the owner of property located within the proposed boundaries of Community Facilities District No. 2013-1, or a registered voter residing within the proposed boundaries of such District.

Mayor Espinoza opened the hearing for public testimony at 7:49 p.m. There were no public comments.

Mayor Espinoza asked if there was anyone wishing to speak at all? No one wished to speak.

Mayor Espinoza then asked staff to provide the final protest count of registered voters and owners, if any.

City Attorney Sanchez announced that there were no protests regarding the formation of the CFD.

Mayor Espinoza asked that before he closed the hearing, were there any other property owners subject to the proposed special taxes who wished to file written protests. If so, they must be filed with the Deputy City Clerk at this time. There were no protests.

Mayor Espinoza announced that the public hearing was hereby closed at 7:50 p.m.

Mayor Pro-Tem Samra asked what the final vote count was.

City Attorney Sanchez replied that there were 5 eligible voters and that the final vote count was three voters in favor of the resolutions and no voters against.

Motion: M/S Samra/Soria to adopt the following Resolutions:

· Resolution No. 2013-33, Resolution of Formation of the City Council of the City of Livingston to Establish City of Livingston Community Facilities District No. 2013-1 (Livingston Family Apartments), to Establish an Appropriations Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of Special Taxes to the Qualified Electors Thereof.

· Resolution No. 2013-34, Resolution of the City Council of the City of Livingston Calling for a Special Election and Submitting to the Qualified Electors of City of Livingston Community Facilities District No. 2013-1 (Livingston Family Apartments) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District.

· Resolution No. 2013-35, Resolution of the City Council of the City of Livingston Declaring the Results of a Special Election in City of Livingston Community Facilities District No. 2013-1 (Livingston Family Apartments) and Directing the Recording of a Notice of Special Tax Lien.

· Introduce and waive the first reading of Ordinance No. 606, an Ordinance of the City Council of the City of Livingston Acting in its Capacity as the Legislative Body of City of Livingston Community Facilities District No. 2013-1 (Livingston Family Apartments) Authorizing the Levy of a Special Tax Therein.

The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Soria, Samra, Espinoza

NOES: Council Members: None.

ABSENT: Council Members: Mendoza, Sicairos

3. 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 2013/2014.

Mayor Espinoza introduced the item.

Susana Medina from Willdan Financial Services elaborated on this item.

Mayor Espinoza opened and subsequently closed the hearing at 7:53 p.m. as there were no comments from the public.

Motion: M/S Samra, Soria adopt Resolution No. 2013-36, a Resolution of the City Council of the City of Livingston Approving the Engineer’s Report for the Citywide Consolidated Landscape Maintenance Assessment District No. 1 and the Levy and Collection of Annual Assessments Within Such District for Fiscal Year 2013/2014 and Confirming Diagrams and Assessments Pursuant to the Provisions of Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Article XIIID of the California Constitution. The motion carried 3-0-2 by the following roll call voted:

AYES: Council Members: Soria, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Mendoza, Sicairos

4. Proceedings under the Benefit Assessment Act of 1982, Government Code Section 54717, et. seq., for the Approval to Levy Annual Assessments for the Livingston Benefit Assessment Districts, Confirming Assessments for Fiscal Year 2013/2014.

Mayor Espinoza and Susana Medina, Willdan Financial Services introduced the item.

Mayor Espinoza opened and subsequently closed the hearing at 7:54 p.m. as there were no public comments.

Motion: M/S Samra/Soria to adopt Resolution No. 2013-37, a Resolution of the City Council of the City of Livingston Approving the Engineer’s Report for the Livingston Benefit Assessment Districts and the Levy and Collection of Annual Assessments Within Such Districts for Fiscal Year 2013/2014 and Confirming Diagrams and Assessments Pursuant to the Benefit Assessment Act of 1982 and As Provided By Article XIIID of the California Constitution. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Soria, Samra, Espinoza

NOES: Council Members: None.

ABSENT: Council Members: Soria, Sicairos

5. Public Hearing – Introduce and Waive the First Reading of Ordinance No. ___of the City Council of the City of Livingston Amending Title 5, Chapter 5, Section 6 of the Livingston Municipal Code Relating to Second Residential Unit Development Standards in the R-2 Zoning District (Medium Density Residential).

 

City Manager Ramirez introduced the item.

Mayor Espinoza opened and subsequently closed the hearing at 7:57 p.m. as there were no public comments.

Motion: M/S Soria/Samra to introduce and waive the first reading of Ordinance No. 607, an Ordinance of the City Council of the City of Livingston Amending Title 5, Chapter 5, Title 6 of the Livingston Municipal Code Relating to Second Residential Unit Development Standards in the R-2 Zoning District (Medium Density Residential). The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Soria, Samra, Espinoza

NOES: Council Members: None.

ABSENT: Council Members: Soria, Sicairos

CITIZEN COMMENTS

 

Yenasar Magana-Salida of Livingston addressed the Council in Spanish and stated he was present because he received a letter from the City regarding vehicle abatement. He feels that he is being unjustly targeted. In addition he feels that the 10-day notice that he was given to move his vehicles is not enough time because he is constantly working out of State.

Mayor Espinoza replied in Spanish and suggested that Mr. Magana-Salida get in contact with the Chief of Police who was currently outside of the Council Chambers participating in National Night Out. Mayor Espinoza also offered to give Mr. Magana-Salida his own personal contact information.

 

City Attorney Sanchez agreed with Mayor Espinoza and reiterated that the resident should share this information with the Police Chief.

Mr. Magana-Salida suggested that the Police Department focus their attention on Main Street because according to him this is the most visible part of the community. In addition, he asked where on Winton Parkway would be suitable for him to park his truck. Mr. Magana-Salida stated that truckers have received a lot of backlash for parking their vehicles in the parking grounds of Travels Centers of America.

Mayor Espinoza apologized because he was going to have to end Mr. Magana-Salida’s portion of citizen comments, as his 3 minutes had come to a close. Mayor Espinoza gave Mr. Magana-Salida his business card so that they could resume their conversation at a later time.

Nancy Vincent, AFSCME, Local District 57, representing the Public Works and Parks employees said that she was not here to negotiate because her unit was currently in active collective bargaining with the City. Ms. Vincent stated that in her opinion the City essentially has two options; go to impasse, which is a lengthy process, and would require fact finding, or agree to a schedule change that would require employees to work 80 hours in two weeks with one furlough day. Unit members are willing to accept health care contributions. Ms. Vincent also emphasized that these employees do not represent a big part of the budget, and thus the savings are minimal compared to the savings that the City could receive from negotiating with the Safety Employees Group who represent a larger portion of the budget.

Katherine Schell-Rodriguez, P.O. Box 163 commented that in the morning she has been taking long walks around town and has noticed that there aren’t nearly as many dogs roaming about. She also mentioned that she sees Public Works employees working hard on sidewalk/street repairs.

In addition, Mrs. Schell-Rodriguez shared that she recently listened to the audio of the budget workshop and has three questions that she would like to ask.

1) At the workshop it was said that repairing the water tanks will cost $325,000. Will this cost be part of the current 5 year plan/water rate study that will be conducted to include Proposition 218?

2) How soon will it take to have the new well on line?

3) The budget draft states that $700,000.00 will be borrowed from the TCP settlement to pay for valve replacements. In addition the budget draft also shows that 1/3 of water system operation/costs will be borrowed from the TCP settlement fund. Does the City plan to pay this money back?

 

City Manager Ramirez replied that one of the main goals for the City is to incorporate cathartic protection to extend the life of tanks. The first step is to get out of the red and get 1.25 coverage in the rates. The City is looking at immediate concerns that are still being analyzed for the first five years. The goal for the next five years is to have another Proposition 218 hearing and hope for grant funding. The City is currently applying for several grants which include, but are not limited to, SRF and CDBG to minimize the amount of utilities that residents will have to pay.

Roughly, 1.7 million dollars have been reserved for Well #17. The funds for this project will be used to focus on improving water quality and capacity. Hydro Science, the firm that designed Well #16 has AutoCAD drawings that could be used for Well #17. If everything goes smoothly, the City hopes that Well #17 will be producing within a year.

In addressing Mrs. Schell-Rodriguez’ final question, City Manager Ramirez noted the word “borrowed” is used because that is what will happen. There are no conditions as to how the TCP money can be spent. The previous Council selected to limit the funds for treatment purposes. In the big scheme of things, the goal is to provide water that is clean and reliable, with sufficient quantity to meet the daily demands.

 

Mayor Pro-Tem Samra said that he has always been vocal about promoting Livingston’s Public Works crew as one of the best in the area. The Council appreciates their hard work and commitment to work with the City during stressful economic times. The Council supports Public Works and would like to come to an agreement sometime soon.

Mayor Espinoza added that the Council is in a difficult situation. The economy is struggling and the City is not generating much revenue/funding. This is a tough reality, but he hopes that they will come to an agreement with Public Works soon.

 

CONSENT CALENDAR

6. Approval of Warrant Register Dated August 2, 2013.

Motion: M/S Samra/Soria to approve the consent calendar. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Soria, Samra, Espinoza

NOES: Council Members: None.

ABSENT: Council Members: Soria, Sicairos

DISCUSSION AND POTENTIAL ACTION ITEMS

 

7. Resolution Approving a Professional Services Agreement to Provide Contract Engineering Staff Support Services for the City of Livingston and Authorizing the City Manager to Execute the Agreement in a Form Approved by the City Attorney.

8. Roadmap Team Proposal – City of Livingston Smoke-Free Park Policy, Christopher Jensen.

Mayor Espinoza announced that these items are being continued and, thus there was no need to discuss them. No action was taken.

ADJOURNMENT

 

Mayor Espinoza adjourned the meeting at 8:21 p.m.

 

______________________________

City Clerk of the City of Livingston

APPROVED: November 19, 2013

_____________________________

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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