MARCH 05, 2013

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MEETING MINUTES

CONCURRENT MEETING

CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE

CITY OF LIVINGSTON

MARCH 5, 2013

A Concurrent Meeting of the City Council and Successor Agency to the Redevelopment Agency of the City of Livingston was held on March 5, 2013, in the City Council Chambers with Mayor Espinoza presiding.

CLOSED SESSIONCALL TO ORDER

Mayor Espinoza called the meeting to order at 6:35 p.m.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra

Council Member Jim Soria

Council Member Arturo Sicairos

Council Member David Mendoza

Mayor Espinoza opened the meeting for public comments. There were no comments from the public. The Council subsequently adjourned to Closed Session at 6:35 p.m. to discuss the following matter:

1. Conference with Legal Counsel – Potential Litigation

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

Number of Cases: 2

REGULAR MEETINGCALL TO ORDER

Mayor Espinoza called the meeting to order at 7:15 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

Council Member David Mendoza

CLOSED SESSION ANNOUNCEMENTS

None.

CHANGES TO THE AGENDA

Mayor Pro-Tem Samra asked to move item #11 directly after Mayor’s Announcements and Reports.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Rich Green, Transit Manager, Merced County Association of Governments,

“Upcoming Bus Changes.”

Rich Green gave a detailed report on upcoming changes to “The Bus”, a part of the Merced County Transit System.

Brief discussion followed.

GRANT ANNOUNCEMENTS

None.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

None.

City Staff Announcements and Reports.

City Engineer Gottiparthy gave a brief update on the CMAC grant project they are currently working on. This grant was applied for last year. The total grant is $675,000 and was secured. The north part of town near Foster Farms will be affected. Streets associated with that area are Stefani, White, Swan, Crowell, Simpson and Franci.

Police Chief Chavez gave a report on the current events of the department. He is currently working with the schools on school safety; he provided feedback for the prescheduled lockdown drills at all of the Livingston schools. These will take place on Feb.27th and March 6th and 13th.

Recreation Superintendent Benoit noted that basketball is now completed; they had a great season and baseball is ready to go. They will have 41 teams this year. Tomorrow night and Friday they will be drafting teams and then teams will be posted at City Hall. They are still in need of sponsors. She also shared that last Friday they had an open house for the new Senior Center on Main Street. The Senior Center is now serviced by the Merced Rescue Mission and they have changed the name to the Living Well Café. One program that is being offered on Monday and Wednesday in the Council Chambers is “Keep your Balance”. This program is designed to help those recovering from chemotherapy to keep strong.

City Manager Announcements and Reports

City Manager Ramirez commented that the community needs to be aware of the local impacts of the state water flow in the area that is about 35%, so there are going to be some needs. Particularly farmers in the County are going to use our groundwater so that is going to impact our water. On March 20th there is going to be a hearing in Sacramento and he plans on attending. He also shared that staff applied for grant monies that we continue to apply for every year. We are looking at putting all the money together to come up with at least $50,000 to buy playground structures for all the parks. There is a SB 391 grant which deals with California homes to make sure good quality homes are built and are affordable. He will be bringing back a resolution of support to the Council at the next meeting. He shared that there is will be a disc golf tournament on May 25th that Jack Marciel is heading up.

City Council Members’ Announcements and Reports.

Council Member Sicairos said it was a pleasure to attend the Merced County Office of Education presentation. He thanked Andres Zamora and the teachers for doing a great job. He also thanked the Police Department for doing a great job on zero burglaries. He thanked the Recreation Department for doing a great job as well.

Council Member Soria commented that he attended the City-County dinner in Gustine; it was good to meet with others regarding their issues and how they are attacking them. He thanked the Police Department for their efforts; he has noticed the officers out more during school hours. He stated that City Hall staff is always very professional and courteous so he thanked them as well.

Mayor’s Announcements and Reports.

Mayor Espinoza announced that Relay for Life is forthcoming and asked that everyone participate if they could as the event is for a good cause. He also mentioned that at Arakelian Park some of the picnic areas need paint and some of the play areas appear rusty. He announced that on August 25th there will be a Hispanic Kermes, which used to be the Multicultural Festival, at Memorial Park.

11. Review and Discussion of Proposed Revisions to Fireworks Ordinance

Recreation Superintendent Benoit presented the item.

David Bates, Livingston Volunteer Company Fire Chief addressed this item, specifically the dates of sale and use of fireworks.

Katherine Schell Rodriquez, P.O. Box 163 stated she felt that members of the Fire Department, whether paid or volunteer, should be allowed more than 3 minutes to speak when addressing any matter regarding fireworks.

Julio Valadez, P.O. Box 701, agreed with Ms. Schell Rodriguez. Regarding the sale of fireworks, he believed the dates should be extended until July 6th just in the fireworks display is held at a later date.

Elisa Flores, Livingston High School Band Director stated that they have had a booth in the past and she felt the rotation was a good thing. Everyone needs the money to keep their clubs going.

Jason Robs, no address given, asked if he was on the rotation list.

Mayor Espinoza commented that currently on the rotation are the Livingston High Cheerleaders, Livingston High Golf, Livingston High Soccer, and 4th of July Band Boosters.

Mayor Pro-Tem Samra stated that whatever we come up with people are already anticipating fireworks sales for this year. He liked the idea of giving the 4th of July Committee a booth if they get their 501(C) non-profit status. Mayor Pro-Tem Samra felt that illegal fireworks have been taking over the last couple of years and this needs to stop because they are dangerous. He then asked David Bates if he would like to come back to the podium to make further comments.

Mr. Bates added that he was not going to challenge the ordinance; we need to try to do whatever we can to minimize the use of fireworks. He believes it would be prudent to leave that part of the ordinance alone and stop fireworks at 10:00 p.m. on July 4th. In regards to illegal fireworks, he said we should work on some kind of flier to educate the people and work on some way of increasing enforcement to try to reduce the amount of dangerous fireworks used in the community. Mr. Bates asked the Council to consider the date and time issue in the ordinance seriously to minimize the danger as much as we can.

Mayor Pro-Tem Samra asked Mr. Bates if he thought that allowing fireworks has had a positive effect in the community.

Mr. Bates said he believed that allowing fireworks has been positive for the nonprofit organizations. He added that last year nothing major happened and he hoped this trend continued.

Mayor Pro-Tem Samra asked if we allow fireworks until July 6th, will the proposed fines also apply to residents on July 7th even if they are safe and sane fireworks. If we set a date the fines are proposed for illegal fireworks, so are those fines also set for safe and sane fireworks?

Police Chief Chavez responded that illegal fireworks are not allowed on any day.

Council Member Sicairos stated that we want to concentrate on those people using illegal fireworks.

Mr. Bates added that he was not trying to target anyone, it is just a matter that we allow fireworks in the City. We have until July 4; beyond the 4th will be that many more days that we have a higher fire danger. He was just trying to limit the danger that we have with regards to fireworks during that period of time.

Mayor Espinoza added that it will go beyond the 4th anywhere.

Council Member Sicairos added that there are 20 organizations on this rotation.

Recreation Superintendent Benoit stated that Livingston High School already has trouble manning the booths and they have 3 or 4 clubs that already have a booth.

Mayor Espinoza stated if they are limited to one booth, the rotation will be easier.

Recreation Superintendent Benoit added that there are organizations at the middle school and grammar school as well.

Council Member Soria asked if the cap on the five booths was in the ordinance. He added that maybe we could add one more as he knows that some of these non-profits have a hard time raising funds. He wanted to add youth football to the list.

Mayor Pro-Tem Samra added that he would like to encourage the Council to move forward with illegal fireworks and modify the ordinance as soon as possible.

Recreation Superintendent Benoit asked for clarification on the penalties.

Mayor Pro-Tem Samra stated that they need to find something that will really, really discourage people from using illegal fireworks.

Mayor Espinoza stated that for tonight they could go ahead and approve the existing rotation with the additions they wanted to include.

Recreation Superintendent Benoit clarified that since Livingston High School football didn’t get in their paperwork they would put in the 4th of July Committee for a booth.

Mayor Espinoza responded correct.

Discussion followed.

Motion: M/S Espinoza/Samra to leave the current rotation for 2013 as is and then come back and make revisions to the ordinance. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Soria

ABSENT: Council Members: None

PUBLIC HEARINGS

2.  Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Amending Title 10, Chapter 3 of the Livingston Municipal Code Titled “Animal Control Regulations”; Resolution Updating Fees Associated with Animal Control Regulations.

Police Chief Chavez presented the item.

Mayor Espinoza opened the hearing for public comments at 8:56 p.m.

Carmen Soria, 2886 Franquette Court stated she felt the licensing fee increase was excessive. She believed the fee should be similar to surrounding cities and that the increase in rates would turn away responsible residents. The City should be focusing in on the violators and not the responsible pet owners. She asked the Council to reconsider the increase in license fees and increase the administration fees.

Mrs. Soria thanked Public Works for the prompt response in cleaning up the graffiti she had reported.

Mayor Pro-Tem Samra asked how much in licensing fees are we collecting yearly.

Police Chief Chavez responded that last year about $2,000 in fees was collected.

Lengthy discussion followed.

Motion: M/S Samra/Sicairos to continue the discussion to the regular meeting of April 2, 2013. 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

3. Introduce and Waive the First Reading of Ordinance No.600, of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Section 5-4-2(J)(1) Relating to Front Yard Setback Fence Heights.

Contract Planner Galvez presented the item.

Mayor Espinoza opened and subsequently closed the hearing at 9:27 p.m. as there were no comments from the public.

Mayor Espinoza asked about corner lots. He added that clear vision triangles still apply. Those types of provisions will continue to be in effect.

Motion: M/S Samra/Sicairos to Introduce and Waive the First Reading of Ordinance No.600 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Section 5-4-2(J)(1) Relating to Front Yard Setback Fence Heights. 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

4. Introduce and Waive the First Reading of Ordinance No. 601, of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Section 5-6-2(B): Pertaining to Amendment or Rezoning Initiation.

Contract Planner Galvez presented the item.

Mayor Espinoza opened and subsequently closed the hearing at 9:30 p.m., there being no public comments.

Council Member Sicairos asked if they have to go through the process.

Contract Planner Galvez responded yes.

Motion: M/S Sicairos/Espinoza to Introduce and Waive the First Reading of Ordinance No. 601 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Section 5-6-2(B): Pertaining to Amendment or Rezoning Initiation. 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

5. Introduce and Waive the First Reading of Ordinance No.602, of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Section 5-3-15: Table 2, Table 3, Table 4, and Addition of Section 5-5-12, Cultivation or Annual Crops.

Contract Planner Galvez presented the item.

Mayor Espinoza opened and subsequently closed the hearing at 9:37 p.m. as there were no comments from the public.

Motion: M/S Espinoza/Samra to Introduce and Waive the First Reading of Ordinance No.602 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Section 5-3-15: Table 2, Table 3, Table 4, and Addition of Section 5-5-12, Cultivation or Annual Crops. 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

CITIZENS COMMENTS

Katherine Schell Rodriquez, P.O. Box 163 asked if she was getting the right information that the City is looking at demolishing the Court Theater. She also asked if we were paying $1,000 a month for the Senior Center, and if so, was the new lessee reimbursing the City for the entire amount. If not, will the City Council be asking Supervisor Pedrozo for that portion of the discretionary funds that had been talked about to be given to the City. Ms. Schell Rodriguez further asked into what expense line are the payments being booked.

She shared that at last night’s Stakeholders Committee meeting it was noted that a 12’ water main line had been opened resulting in Foster Farms getting a huge dose of brown water and that this 12’ water main has been shut off again and asked if this is correct? She questioned is the USDA not too thrilled about the idea of brown magnesium water getting into Foster Farms’ processing plant.

Her last question was if she understood the consultant correctly, a filtration system for Well #8 which is by Foster Farms will be put in to remove TCP 123 and will cost about $1.5 million just to construct and $150,000 a year to run.

City Manager Ramirez responded that as for the Court Theater being demolished, that is correct. He explained all the issues the City is currently dealing with by keeping that building up.

As for the Senior Center, they pay a portion and the City picks up the other part. It’s a $600/$400 portion and the line item for booking this is facility rentals.

In regards to water, he added that we are doing some water mulling and some trouble shooting at this time.

Regarding Ms. Schell Rodriguez’s question regarding Well #8 he said that is correct and the cost is also correct.

Mike Torres, 1616 Eighth Street stated that the animal control item was pretty lengthy, but no one mentioned chickens and roosters. He asked about identification sign being put up at the entrance of the City’s Wastewater Treatment Plant.

Mayor Pro-Tem Samra stated that maybe the wood shop could make one.

David Blevins, P.O. Box 76 asked about high voltage lines and are those above ground or underground.

City Manager Ramirez stated that they are above ground and are outside of the City limits. He also explained the Rule 20A and Rule 20B work. Lengthy discussion followed.

Warren Urnberg, 1331 Eighth Street added to the undergrounding matter, explaining that back before Rite-Aid was built, PG&E was supposed to underground from the railroad tracks all the way to the bank. So they should look into that as well.

City Manager Ramirez added that all the overhead lighting on Main Street has been there for a long time.

Julio Valadez, PO Box 701 gave an update on the 4th of July. He reminded everyone of the upcoming Kite Festival on April 14 at Livingston Middle School.

Joy Peterson, 3593 Tulleride Lane, Turlock added that their first meeting will be at McDonald’s on March 21st and May 1st. They are also serving carnitas on the Cinco de Mayo at Memorial Park and it will be a drive-thru dinner.

CONSENT CALENDAR

6. Approval of Warrant Register Dated February 28, 2013.

Motion: M/S Samra/Espinoza to approve the consent agenda item. 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

SUCCESSOR AGENCY

7. Resolution of the Successor Agency to the Redevelopment Agency of the City of Livingston Approving the Recommended Mid-Year Budget Revisions for Fiscal Year 2012-2013.

Assistant City Manager/Finance Director Ortiz presented the item.

City Manager Ramirez added that we are continuing to meet with the Department of Finance for the $111,000.

Council Member Soria asked about the requirements for payments to the County and if that had been done yet.

Assistant City Manager/Finance Director Ortiz responded yes.

Motion: M/S Soria/Soria to adopt Resolution No. 2013-2, a Resolution of the Successor Agency to the Redevelopment Agency of the City of Livingston Approving the Recommended Mid-Year Budget Revisions for Fiscal Year 2012-2013. The motion carried 5-0 by the following roll call vote:

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

NOES: Agency Members: None

ABSENT: Agency Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

8. City Council Direction to Staff Regarding Appointments to the Parks and Recreation Commission.

Recreation Superintendent Benoit presented the item. She suggested the Council select 9 Commissioners, so there would be two alternates.

Discussion followed.

City Attorney Lindgren noted that the ordinance did not address alternates, but maybe they could be considered as standby members. These members would not have a formal status under the Municipal Code.

Council Member Soria excused himself because his brother is one of the applicants along with his mother-in-law.

Motion: M/S Sicairos/Samra to appoint Ricardo Soria, Maria Baptista, David Blevins, April Wuensche, Michelle Torres, Christopher Marshall and Clara Catzalco as Commissioners and Francisco Mendoza, Lindsey Wright, and Naomi Vera as the alternates to the Parks and Recreation Commission. The motion carried 4-0-1 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Soria

9. Resolution Approving a One (1) Year Concessions Agreement with Paul Maurer Shows (PMS) and Authorizing the City Manager to Execute the Agreement.

Katherine Schell Rodriquez, PO Box 163 asked if this carnival was separate from the Sweet Potato Festival.

City Manager Ramirez stated that the Sweet Potato Festival was moved to September 21st and 22nd.

Council Member Soria stated it looked like a great family event.

Motion: M/S Soria/Espinoza to adopt Resolution No. 2013-8 Approving a One (1) Year Concessions Agreement with Paul Maurer Shows (PMS) and Authorizing the City Manager to Execute the Agreement. 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

10. Resolution Approving Recommended Mid-Year Budget Revisions for Fiscal Year 2012-13.

Assistant City Manager/Finance Director Ortiz presented the item.

Katherine Schell Rodriquez, P.O. Box 163 asked the Council to turn their binders to Exhibit A, page 202 of the General Fund. She stated that if you look at the chart and look at the years to the left, even with the bad economy the lines go side by side. Then when you look at the graph you have a point where spending went crazy even if revenues went down and something seemed wrong to her.

City Manager Ramirez asked to go back to that same graph showing the gap.

Assistant City Manager/Finance Director Ortiz explained that in 2008, 2009 and 2010 there were some costs charged to the Enterprise Funds and those were corrected and moved back into the General Fund, so when you make those corrections of course that is going to create a big gap.

City Manager Ramirez added that the idea to balancing a budget is to do it without dipping into the reserves.

Assistant City Manager/Finance Director Ortiz explained the RDA loan cushion that staff relied on.

Mayor Pro-Tem Samra added that the biggest effect was in 2010 when the recall happened and also the Foster Farms lawsuit.

Lengthy discussion followed.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2013-9 Approving Recommended Mid-Year Budget Revisions for Fiscal Year 2012-13. 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 11:03 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: April 16, 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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