Approval of Minutes of Meeting Held on February 5, 2013,

Meeting Date: March 19, 2013

Agenda Item #10. Approval of Minutes of Meeting Held on February 5, 2013

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MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL

FEBRUARY 5, 2013

A Regular Meeting of the Livingston City Council was held on February 5, 2013, in the City Council Chambers with Mayor Espinoza presiding.

CLOSED SESSION Cancelled.

REGULAR MEETING

CALL TO ORDER

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 David Mendoza

Council Member Arturo Sicairos

CLOSED SESSION ANNOUNCEMENTS

None.

CHANGES TO THE AGENDA

In reference to Item No. 7, City Manager Ramirez noted that the last section on this item has been presented to the Council previously so he asked to have that section removed and brought back to Council at a later time.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

None.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

None.

Tamara Spade, Field Representative for Senator Anthony Cannella was present and introduced herself.

City Staff Announcements and Reports.

Police Chief Chavez gave an update on the Burglary Action Plan; there has been a reduction in burglaries of 84% from last year. The School zone enforcement campaign will be held January 14th through the 18th. Officers have been assigned to the schools. Gang enforcement activities update; probation sweep January 23rd. Animal control update; as of January 1st one dog trapped, numerous cats trapped and released, statistics, a total of 22 total dogs and cats taken in January.

Mayor Pro-Tem Samra relayed to Chief Chavez that between now and July 4th or before July 4th we need to make it difficult for people not to use illegal fireworks. He also asked what we can do to alleviate illegal fireworks.

Director of Public Works Molina gave an update on Public Works activities.

City Manager Announcements and Reports

City Manager Ramirez introduced Miguel Galvez to the Council and; he is contracted through MCAG to perform planning services for the City.

Mr. Galvez shared his background with the Council.

City Manager Ramirez introduced Francisco Mendoza, the City’s Planning Intern.

Mr. Mendoza also shared his background with the Council.

City Manager Ramirez stated that the City has applied for a tire recycling grant through MCAG. In June and July the City will host at least one or two tire pick-up days at a designated location. He referenced recent activities on Main Street with the demolishment of a home and undergrounding of the canal making way for the Livingston Family Apartment project to move forward. City Manager Ramirez noted there has been some interest in our commercial sectors and we have heard from some developers that want to open a car wash. Also, the developers of the proposed Motel 6 have submitted plans and are in the process of getting underway with their project. He shared that on the residential side there has been some land developers interested in coming to town as well. He also mentioned that he has been checking into the fireworks booth sales.

City Council Members’ Announcements and Reports.

Council Member Soria reported that he attended training in Sacramento and the networking was great. He thanked Chief Chavez for a tour of the Police Department, City staff, and Police and Public Works Departments for doing a great job.

Mayor Espinoza added that all three new Council Members had received their ethics training.

Mayor Pro-Tem Samra stated that he always has students asking him about community service hours and he believes if we let the schools know that we can accommodate these kids we could put them to work.

Mayor’s Announcements and Reports.

Mayor Espinoza added that there was an opportunity for students at the high school to work if they want to learn how to run the camera system for the meetings.

CITY COUNCIL FUTURE AGENDA ITEM REQUESTS

None.

PUBLIC HEARINGS

None.

CITIZENS COMMENTS

Katherine Schell Rodriquez, P.O. Box 163 asked that with Motel 6 turning in site plans for their project at the Winton Parkway interchange is there any future plans or thoughts for the Hammatt interchange. She also asked if someone could talk about Well 8, the TCP project and how that is coming along and when is it expected to be done. She stated that when it comes to TCP the State does not have a maximum contamination level yet. They are planning to have one and how is the City getting prepared for those new regulations.

Also, buildings and developments and the fact that we are looking at Wells 17 and 10. Well 10 was scheduled for destruction, but we are looking as if we can save it so the system is not stressed by more development. We are also not using Well 17 and we should try to get these wells up and running as opposed to using some of the more troublesome wells that we are already using. Ms. Schell Rodriguez also asked what the City is doing about the little organism manganese problem in the distribution system where we may need to spend a lot of money on the system.

City Manager Ramirez responded that we are actually looking at an RV sales opportunity off of Hammatt and there was an interested party that wants to construct a gas station/hotel. These are not completed as yet, but have been offline for about 4-5 months so hopefully they will see the activity going on in the community and they will reconsider their projects.

City Manager Ramirez stated that when we showcase the City we showcase on those properties, so at the end of the day it is really up to the developers. In reference to Well 8 he noted the Council did authorize the contract for Acon and they are about 95% completed. One area we were having issues with had to do with back wash water; he gave an explanation of filtration. The feasibility study was basically looking at a number of things and one is we want to be sustainable; we want to have flexibility in our water plant/system. Also we have to look at the overall cost.

Again in the last six weeks we have had some issues with microorganisms in the water. This means it does not affect you health wise, but aesthetically you get brown or red water, so this builds up in areas where you have lines that are not used. There was a particular line that was shut off years ago and when we found that it was closed we turned it on and there was some buildup of manganese and iron. We are working closely with Foster Farms and are trying to address this problem when Foster Farms is not in production, so it is going to require a lot of team work.

Rick Soria, 1526 Main Street asked if City staff has noticed there is a lot of graffiti on Liberty Market. Also the stop lights on Winton Parkway are becoming very difficult on Fridays and the weekends; you always need to wait until the second or third rotation to get through. He added that on Main Street by the high school between 8:00 a.m. and 3:00 p.m. the kids and parents are stopping on the road and not being courteous and he has not seen much police presence in that area at those times.

CONSENT CALENDAR

1. Approval of Minutes of Meeting Held on November 7, 2012.

2. Approval of Minutes of Meeting Held on December 4, 2012.

3. Approval of Minutes of Meeting Held on December 18, 2012

4. Approval of Minutes of Meeting Held on January 22, 2013.

5. Approval of Warrant Register Dated January 31, 2013.

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

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

6. Provide Staff Direction for Appointments to the Planning Commission.

Council Member Soria favored option #1, interviewing the candidates; he would like to get to know the applicants face to face.

Council Member Mendoza made a motion to nominate Warren Urnberg.

Mayor Pro-Tem Samra suggested that they could get this done quickly and then appoint them that night and still get them to the training by the end of the month. He said in the past we have interviewed and then appointed all in the same night, but they could set a meeting for next week.

Mayor Espinoza added that we have been extending the time so we might as well extend it.

Mayor Espinoza seconded the motion made by Council Member Mendoza to appoint Warren Urnberg, Alicia Estrada, and Gurdev Virk as the alternate.

Motion: M/S Mendoza/Espinoza to appoint the Planning Commissioners. The motion failed 2-3 by the following roll call vote:

AYES: Council Members: Mendoza and Espinoza

NOES: Council Members: Samra, Soria and Sicairos

ABSENT: Council Members: None

Mayor Pro-Tem Samra motioned to schedule a meeting for Monday, February 11th to interview the Planning Commission applicants.

Motion: M/S Samra/Soria to schedule a meeting to interview and then appoint the Planning Commissioners. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

7. Resolutions of Intent to Rezone a Certain Portion of the City and Amend Livingston Municipal Code (LMC) Title 5, Chapters 3, 4, 5, and 6 Concerning Allowable Heights of Fences, Farming as a Permitted Land Use, Entities Authorized to Initiate Rezonings, and Setback Limitations in Residential Rear Yards.

City Manager Ramirez presented the item and noted that no decisions were being made tonight. These items will come back at public hearings to receive public input and to give direction to staff.

Mayor Pro-Tem Samra stated that we need to add the fireworks ordinance as well.

Council Member Soria asked that staff check our curfew ordinance for the daytime when kids should be in school.

Mayor Pro-Tem Samra asked that the items need to be presented tonight or on another date.

City Manager Ramirez responded that we would bring those up at that particular time; he just wanted to start some of these items. He also shared more information regarding the farming side.

Mike Torres, 1616 Eighth Street commented on the farming side and asked if a Conditional Use Permit is still required. He knows that we have an existing ordinance that was designed for row crops. Mr. Torres asked if this was going to be in the line of Council’s thinking. Row crops are more seasonal and now with the permanent trees that are going to be in the City it cuts the view. He also asked if the setbacks on the backyards were going to be for existing buildings or new buildings only.

Mayor Espinoza noted that the setbacks would be on the next agenda.

Mayor Pro-Tem Samra added that this is just the intent; it will go through the Planning Commission first and then to Council.

City Manager Ramirez stated that staff will analysis it and then will provide direction. At this point there needs to be some good analyses done.

Council Member Soria added that he would like to bring things into the 21st Century.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2012-4, directing staff to initiate processing of a rezone for certain parcels and amend Title 5, Chapters 4, 5 and 6 of the Livingston Municipal Code concerning allowable heights of fences, farming as a permitted land use, and entities authorized to initiate rezoning, respectively. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

ADJOURNMENT

The meeting was adjourned by consensus at 8:17 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: March 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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