Approval of Minutes of Meeting Held on August 20, 2013.

Meeting Date November 19, 2013

Agenda Item #4. Approval of Minutes of Meeting Held on August 20, 2013.

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MEETING MINUTES

CONCURRENT MEETING OF THE CITY COUNCIL

AND SUCCESSOR AGENCY TO THE REDEVELOPMENT

AGENCY OF THE CITY OF LIVINGSTON

AUGUST, 20, 2013

A Concurrent Meeting of the City Council and the Successor Agency to the Redevelopment Agency of the City of Livingston was held on August 20, 2013, in the City Council Chambers with Mayor Espinoza presiding.

CLOSED SESSION

CALL 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 (Excused Absence)

Council Member Arturo Sicairos

Council Member David Mendoza

Mayor Espinoza opened the meeting for public comments at 6:09 p.m. There were no comments from the public. The Council adjourned to Closed Session immediately thereafter to discuss the following matters:

1. Successor Agency

Conference with Legal Counsel – Existing Litigation

[Government Code Section 54956.9(d)(1)]

City of Livingston and Successor Agency to the Livingston

Community Redevelopment Agency v. Ana Matosantos, et al

Superior Court of the State of California – County of Sacramento

Case No. 34-2013-80001460

2. Conference with Legal Counsel – Potential Litigation

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

Number of Cases: 3

3. Conference with Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented City Employees

REGULAR MEETING

Mayor Espinoza called the meeting to order at 7:12 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 (Excused Absence)

Council Member Arturo Sicairos

Council Member David Mendoza

CLOSED SESSION ANNOUNCEMENTS

None.

CHANGES TO THE AGENDA

None.

AWARDS, PRESENTATIONS, APOINTMENTS AND PROCLAMATIONS

1. Presentation by Public Works Director Humberto Molina: 25 Year Service Pin to Ruben Mendoza, Maintenance Worker II.

Public Works employee James Linan recognized co-worker Ruben Mendoza for serving the Livingston’s Public Works Department for over 25 years. Mr. Linan shared that Mr. Mendoza’s positive attitude, reliability, and loyalty are the qualities that make him a special employee. Together they have formed a strong friendship.

Public Works Director Molina added that Mr. Mendoza is the type of individual who is prideful of working in his native community. He is also the type of individual who has exhibited a lot of growth over his career and continues to accept new challenges and learn new skills. His tenacity and integrity is greatly appreciated and irreplaceable.

Mayor Espinoza thanked Mr. Mendoza for his hard work. He added that what best defines Mr. Mendoza is his loyalty to the City during tough times when Public Works is short staffed.

City Manager Ramirez added that it takes a special type of person to stay with a community for over 25 years. He is glad to celebrate his past and excited to continue celebrating his future success with the City of Livingston.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

None.

City Staff Announcements and Reports

Recreation Superintendent Benoit gave an update in regards to recent recreation related activities. She noted that the Sweet Potato Festival is coming along quite well. She reported that the Festival will have a kid’s zone, educational booths, a tractor dealership, and carnival rides. Carnival tickets are on sale at City Hall and other selected locations.

City Manager Ramirez added that a portion of pre-sale funds will go to the City.

Superintendent Benoit reported that soccer signups are starting soon. The City has agreed to close soccer fields when the temperature reaches over 100 degrees. She announced that the City is seeking volunteers for the Senior Center. Meals will be provided at the Senior Center Monday through Friday for $2.00 or for a donation.

Building Inspector Davi gave a PowerPoint presentation regarding lawn-abatement violations. His presentation consisted of current cases that involve dangerous trees nears homes, weed abatement, broken fences, and dilapidated housing conditions.

City Manager Ramirez thanked Building Inspector Davi for his presentation. He also opened up the discussion for the Council and Legal Counsel to see how these issues can be resolved.

City Attorney Sanchez recommends that the City begin pursuing code enforcement policies. If the City wanted to, they could address these matters by modifying relevant municipal codes. However, this is a lengthy process that involves notifications and professional advice.

Mayor Espinoza sees the dangers in doing nothing. He believes that Council should continue pursuing this matter.

Council Member Soria commented that at his previous employment in Mendota, legal notifications lasted thirty days before the city began penalizing the property owner. He believes that the next step would be to get advice from the District Attorney.

Police Chief Chavez gave a PowerPoint presentation about recent police activities. He discussed animal control statistics, SWAT dog operation, and new regulations for administering citations. In addition, Chief Chavez shared that the City of Merced wants to collaborate with Livingston and learn from Livingston’s Animal Control policy.

Recent animal control outreach efforts include educating residents during the recent National Night Out event and doing outreach at local schools. Chief Chavez also shared that local area resident Vanessa Dawn Smith has been missing from Winton since 1997. Recently, police departments have been collaborating with truck drivers on a new “missing person awareness” strategy that would consists of truckers showing photos of missing people on the back of their trucks.

Moreover, Chief Chavez commented that National Night Out was a success. He thanked WestAmerica Bank for providing raffle gifts and Foster Farms for providing food. Chief Chavez also discussed the logistics behind the ABC grant, Office of Traffic Safety, gang related arrest/prevention efforts, and the CEASE Program. Chief Chavez noted that the Police Explorers did a fabulous job at Pebble Beach and he is happy to announce that Livingston High School will soon offer law enforcement courses.

City Engineer Gottiparthy reported recent engineering related activities. Engineer Gottiparthy commented that the developer of the Livingston Family Apartments has agreed to make street improvements on Main Street as part of their Development Agreement. They would like the City to close down Main Street for five days so that they can make all of the improvements in one phase.

Mayor Espinoza asked if the developer wants to close down all of Main Street.

Engineer Gottiparthy replied that they want to work on the entire street in one session because this approach would be more efficient. He added that the work on Well #16 is coming together nicely. Currently, the components of the well are being worked on as well as the electrical components of the well. The next step is to get approval from the Health Department.

Public Works Director Molina gave a PowerPoint presentation regarding his department’s recent activities. Currently, Public Works is focusing their attention on re-stripping many crosswalks across town. They have also put significant effort on repairing pot holes and flushing out fire hydrants.

City Manager Ramirez advised that in the future the City could save money by reaching out to volunteer firefighters and asking them to help flush out the hydrants.

Director Molina thanked the City Manager for his suggestion. He then continued his presentation by sharing photos of vandalized port-a-potties across town. His employees have been working hard at painting over graffiti. Director Molina concluded his presentation by sharing that his staff has been working hard at repairing valves across town.

City Manager Announcements and Reports

City Manager Ramirez reported that tomorrow UC Merced will be screening the documentary “The Fight for Water” and he invites the entire community to attend. Also, the American Institute of Architects will be in town next week. They will create a schematic proposal for a Cultural Arts District. However, they would like community input and will be taking input at the Council Chambers next Monday. Residents who come will be eligible to enter a raffle for a chance to win VIP bracelets for the Sweet Potato Festival. In addition, City Manager Ramirez shared that the State Controller’s Office has recently conducted an audit on the RDA. The City is hoping that this audit will help resolve the $511,000.00 that the State owes the City.

City Council Members’ Announcements and Reports.

Council Member Sicairos had nothing to report.

Council Member Mendoza had nothing to report.

Council Member Soria thanked City staff for their hard work, which unfortunately sometimes goes unnoticed. On a sports related note, he noted that the Livingston youth football team has started off strong with a dominating performance against Ceres, Merced, and Riverbank.

Mayor Pro-Tem Samra had nothing to report.

Mayor’s Announcements and Reports.

Mayor Espinoza wished the students and teachers good luck to the start of the school year.

CITIZENS COMMENTS

Katherine Schell-Rodriguez, P.O. Box 163, commented that she has recently seen Public Works re-stripping crosswalks and that she is very pleased with the results. This is good news, as it will create a safer environment for students walking to and from school. Ms. Schell-Rodriguez shared that she recently attended the Utility Rates Stakeholders’ Committee meeting where the Kennedy-Jenks report revealed that the City does not have the quantity of water required to sustain the City’s daily demand. In addition, she shared that it seems as if many of the wells will not satisfy TCP standards.

Ms. Schell-Rodriguez announced that her research shows that one well is going over the allowable content of arsenic.

According to Ms. Schell-Rodriguez all of the wells are above what will soon be the Department of Public Health/Federal contaminant TCP levels. Two wells are above the response level. One well was recently reactivated; however studies have shown that it is already above the allowable arsenic contaminant level.

In addition, Ms. Schell-Rodriguez commented that groundwater treatment requires a multiple process to address different contaminants. Wells 12, 13, and 15 are showing alarming signs of arsenic contamination. Wells 9, 11, 14, and 15 are showing signs of elevated manganese. Well 17 contains manganese that is above the secondary maximum contaminant level and will require treatment before it can become a new water source. Wells 12 and 14 are at risk of being discontinued by the California Department of Public Health due to high TCP contaminant levels.

Ms. Schell-Rodriguez noted that Livingston might have to resort to water rationing. She believes that losing Wells 12 and 14 would be catastrophic. The City might have to resort to creative water conservation methods. She also encouraged the community to participate in the Utility Rates Stakeholders’ Committee meetings.

Reverend Don Ramsey from Atwater introduced a crime prevention program called Ceasefire. Sacramento and Merced have already implemented the program and have seen a significant reduction in crime rates. In addition, Reverend Ramsey mentioned that he is currently meeting with Congressman Jim Costa, and it seems like Congressman Costa is interested in making this a Countywide program.

Mayor Espinoza expressed interest in this program.

CONSENT CALENDAR

2. Resolution No. 2013-38 Rejecting All Bids Received for CMAQ Pedestrian Improvement – Sidewalk Installation Project, Project No. CML-5256(012) and Authorizing the City Manager to Re-advertise Bids.

3. Resolution No. 2013-39 for the Acceptance of the Phase 2 Water Line Improvement Project, Authorizing the City Clerk to Record a Notice of Completion with Merced County and Authorizing the City Manager to Release Performance and Material Bonds and to Make Final Payment of Retention Monies to California Trenchless, Inc.

4. Resolution No. 2013-40 Supporting Boundary Expansion No. 4 of the Merced County Regional Enterprise Zone.

5. Resolution No. 2013-41 Authorizing the City Manager to File a Regional Surface Transportation Program (RSTP) Estimate Exchange Fund Claim Form for Fiscal Year 2012/2013.

6. Consideration of Appointment to Utility Rates Stakeholders’ Committee.

7. Waive the Second Reading and Adopt 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) and Authorizing the Levy of a Special Tax Therein.

8. Waive the Second Reading and Adopt Ordinance No. 607, of the City Council of the City of Livingston Amending Title 5, Chapter 5, Section 6 of the Livingston Municipal Code (LMC) Relating to Second Residential Unit Development Standards in the R-2 Zoning District (Medium Density Residential).

9. Approval of Minutes of Meeting Held on June 18, 2013.

10. Approval of Warrant Register Dated August 15, 2013.

M/S: Samra/ Sicairos to approve the consent calendar. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

11. Provide Staff Direction for Appointment to the Planning Commission.

City Manager Ramirez introduced the item.

Mayor Espinoza added that there are currently two applicants applying for the Alternate Planning Commission vacancy.

Mayor Espinoza opened and closed the public comment period at 8:30 p.m. as there were no comments from the public.

M/S: Soria/Samra to interview the two applicants 30 minutes before the start of the August 28th Special City Council Meeting. The motion carried 5-0 by the following roll call vote:

AYES: Council Member: Sicairos, Mendoza, Soria, Samra, Espinoza

NOES: Council Member: None

ABSENT: Council Member: None

12. 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.

City Manager Ramirez introduced the item. He commented that this item was continued from the previous City Council meeting.

Mayor Espinoza opened and subsequently closed the public comment period at 8:40 p.m. as there were no comments from the public.

Mayor Pro-Tem Samra made a motion to extend SNG and Associates contract for one-year. The motion died due to lack of a second.

Motion: M/S Mendoza/Samra to re-advertise the Request for Proposals for engineering services. The motion carried 3-2 by the following roll call vote.

AYES: Council Member: Sicairos, Mendoza, Samra

NOES: Council Member: Soria, Espinoza

ABSENT: Council Member: None

13. Resolution Authorizing the City Manager to Enter into a Demolition Agreement with Jim Brisco Enterprises, Inc. Relating to the Court Theater.

City Manager Ramirez introduced the item. He stated that the Court Theater has become a

health hazard. There were four bids received for this project. The lowest bid from Jim Brisco Enterprises, Inc. came in at $19, 500.00. The City has not received the bonding and the insurance from Jim Brisco Enterprises, Inc., so City Manager Ramirez informed Council that this contract will not be official until these two items have been presented to the City.

Mayor Espinoza opened and subsequently closed the public comment period at 8:44 p.m. as there were no comments from the public.

Mayor Pro-Tem Samra said that the Court Theater cannot be retrofitted. It is a shame that the building is going to be demolished. Hopefully in the future a developer will come into town and construct a theater with a similar façade.

M/S: Samra/Soria to adopt Resolution No. 2013-42 authorizing the City Manager to enter into a Demolition Agreement with Jim Brisco Enterprises, Inc. Relating to the Court Theater. The motion carried 5-0 by the following roll call vote:

AYES: Council Member: Sicairos, Mendoza, Soria, Samra, Espinoza

NOES: Council Member: None

ABSENT: Council Member: None

13. Fiscal Year 2013-2014 Budget Workshop #2: Questions & Answers Session.

City Manager Ramirez introduced the item.

Mayor Espinoza opened the meeting for public comments at 8:47 p.m.

James Linan, Public Works employee asked if the City has considered increasing the utility rates so that they are up to par with other communities.

Mayor Pro-Tem Samra replied that the Utility Rates Stakeholders’ Committee is working on a five-year plan which will gradually increase water rates.

Mr. Linan this should be a priority, so that funds are not taken from other departments to compensate for the lack of money being generated from utilities.

Mayor Pro-Tem Samra replied that it is illegal to move money into the enterprise fund from other accounts.

Mr. Linan thanked the Council for answering his questions and encouraged them to be more proactive about finding ways to have the City generate revenue.

Katherine Schell-Rodriguez, P.O. Box 163 wanted to discuss some of the issues that were presented in the Draft Budget Report’s list of items. Apparently, the City is proposing to borrow $700,000.00 from the TCP settlement funds to pay for water systems, operations, and maintenance.

Ms. Schell-Rodriguez’s question is how much of the borrowed money will be repaid within five years? How much will be included in future utility rates?

City Manager Ramirez addressed her questions by stating that the interest of the City is to look at the water issues as a whole. The City’s goal is to provide a sufficient quantity of clean water. The quantity issue needs to be addressed to attract developers who in turn will generate the revenue that will be used to repay the money that was borrowed from the TCP settlement. In addition, the City would like to receive consultation from economists in regards to utility rates. Finding the appropriate utility rates is important so that the City may cover critical areas and address midrange/long term goals.

Mayor Pro-Tem Samra added that there are no legal restrictions as to how the TCP settlement funds can be used. Also, a few years ago Foster Farms filed a couple of law suits against the City. These incidents cost the City over 4 million dollars in legal fees and 1.4 million dollars on the design for a wastewater treatment plant. According to Mayor Pro-Tem Samra, if it was not for these two incidents the City would be in a much better financial situation.

Warren Urnberg, 1331 Eighth Street asked if wastewater has incurred a deficit larger than one million dollars.

City Manager Ramirez stated that there is a deficit. The City’s goal is to address the deficit, build reserves, and generate enough revenue to fund future projects. He also added that there are three separate accounts that need to be addressed: domestic wastewater, industrial wastewater, and the water enterprise fund.

Mayor Espinoza asked the public if anyone had any further questions; none were asked.

Mayor Espinoza closed the public comment period at 9:01 p.m., there being no further public comments.

ADJOURNMENT

Mayor Espinoza adjourned the meeting at 9:02 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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