Approval of Minutes of Meeting Held on February 4, 2014.

Meeting Date: February 18, 2014

Agenda Item #7. Approval of Minutes of Meeting Held on February 4, 2014.

Note from TheGardeningSnail: Parts of this page may have been prepared by running a PDF file through a program that converts Image to Print. So there may be a few textual Gremlins that have slipped in. I may also have broken up some of the longer paragraphs, for easier reading.

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MEETING MINUTES

CONCURRENT MEETING OF THE CITY COUNCIL

AND SUCCESSOR AGENCY TO THE REDEVELOPMENT

AGENCY OF THE CITY OF LIVINGSTON

FEBRUARY 4, 2014

A Concurrent Meeting of the City Council and the Successor Agency to the Redevelopment Agency of the City of Livingston was held on February 4, 2014, in the City Council Chambers with Mayor Espinoza presiding.

CLOSED SESSION

CALL TO ORDER

Mayor Espinoza called the meeting to order at 6:06 p.m.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra

Council Member Jim Soria

Council Member Arturo Sicairos

Council Member David Mendoza (Late Arrival)

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: 1

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.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra

Council Member Jim Soria

Council Member Arturo Sicairos

Council Member David Mendoza

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

CLOSED SESSION ANNOUNCEMENTS

There were no announcements made.

CHANGES TO THE AGENDA

None.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports

Supervisor John Pedrozo announced that a town hall meeting will be held February 20, 2014, at 6:30 p.m. in Livingston. He noted that Le Grand held their town hall meeting on January 29th. Planada will have theirs on February 5th, followed by Merced the following week.

Mayor Rodrigo Espinoza thanked Supervisor Pedrozo for supporting the City.

Supervisor Pedrozo said he and City Manager Ramirez are meeting with the County Librarian to go over future plans. The meeting is scheduled for Thursday February 06, 2014.

City Staff Announcements and Reports.

Recreation Superintendent Jacquie Benoit

Recreation Superintendent Benoit updated the Council on the Downtown Arts Project. It is a collaborative effort to beautify the downtown, stimulate economic growth and create a focal point for the residents of Livingston.

Collaborative partners gathered on October 9th to discuss the formation of a Downtown Arts Council. Partners include Livingston schools, Merced Art Hop, Members of the Livingston City Council, Planning Commission and Court Theater, City Business Leaders and City Hall Staff. Direction was given to recruit artists from the schools and the community to form a Student Art Society or Guild. The Guild would give recommendations to the Art Council for plans and projects.

The artists and the Council met January 24th to create a plan for the Arts District. Groups were formed to study the numerous cultural groups in Livingston. Group presentations will be given on February 21st. The community is invited to come and learn more about the history of Livingston.

The Guild will be taking a trip to Exeter & Lindsay on February 17th to look at their murals.

City Manager Ramirez said the City will begin its application process for a $30,000 to $100,000 grant for the Arts District Project. He added other art projects would also be looked at in addition to murals. The idea is to get the entire community to come up with something enhancing for the downtown corridor to promote our culture and diversity in this community.

City Manager Ramirez added City Staff is working on an ordinance to provide guidelines for murals in the City.

Mayor Espinoza said there is some money set aside in the budget to enhance the downtown by planting some trees and working on the sidewalks.

Contract Associate Planner Holly Owen

Contract Associate Planner Owen said Fresno has a mural ordinance that specifies how many murals they allow and who approves them and the whole application process. She said the cities of Exeter and Lindsay both have excellent examples of murals. She is currently researching mural ordinances in other cities to come up with language for a mural ordinance in Livingston.

Contract Planner Owen reported that planning staff is also looking at cleaning up the Use Permit, Outdoor Dining, and other sections of the Livingston Municipal Code.

She added that the Motel 6 Site Plan and Design Review application will be presented to the City Council at their next meeting on February 18, 2014.

City Manager Announcements and Reports

City Manager Ramirez said he asked Supervisor Pedrozo to meet with him and the County Librarian to discuss future plans and modernization of the County library building. He wants to know that because, depending on what kind of project comes up for the property where the Court Theater used to exist on, there may be an opportunity to locate a joint use or multi-purpose facility there where one portion of it is the County Library and the other portion has other spaces.

City Manager Ramirez hopes that Art instructors from Livingston High school and Livingston Middle School get involved and assist with the Downtown Arts Project.

City Council Members Announcements and Reports

None.

Mayor’s Announcements and Reports

Mayor Espinoza said he was asked by the community what the City was doing about the vacancy of the theater and he informed them grass, sprinklers, and a temporary sidewalk would be added and an 8-foot walkway down the middle towards the alley.

The City had two grants each for $500,000. One was spent for the engineering plans for the theater and the other had to be paid back to the State because nothing was ever built and the time ran out.

Mayor Espinoza commented that the City might build a park and work with developers for future projects, such as a small Court Theater.

PUBLIC HEARINGS

1. Introduce and Waive the First Reading of Ordinance No. 610, an Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code Sections 1-18-11(A), 4-6-3, 4-2-8-2(A)(3), 4-2-8-2(A)(4), 8-2-1, and Zoning Ordinance Sections 5-3-16 (Table 7), 5-5-8(E) (Table 12), and 5-4-7(C).

Contract Planner Holly Owen presented the staff report. She explained that the proposed changes were merely housekeeping items required by the codification company to correct inconsistencies in the City Code. She explained the suggested changes and recommended approval of the Ordinance.

Change to the Ordinance included the following:

EXHIBIT “A”

AMENDMENTS TO THE LIVINGSTON MUNICPAL CODE

1) Administrative Hearing Procedure

Existing Municipal Code Section:

1-18-11: ADMINISTRATIVE HEARING PROCEDURE

(A)A hearing officer, selected in accordance with the procedures established for hearing officers in Section 1.12.010 of this code, will conduct the administrative hearing.

Amendment:

Section 1-18-11(A) is amended as follows:

(A) A hearing officer, selected in accordance with the procedures established for hearing officers in Section 1.12.010 of this code, appointed by the City Manager, will conduct the administrative citation hearing.

2) Sign Regulations

Existing Municipal Code Section:

4-2-8-2(A) (3): It shall be the responsibility of the Planning Director to conduct a sign design review of all new signs proposed within the DTC District. This design review will be based upon that criteria found within Title 5, Chapter 21, Site Plan and Design Review, of the Zoning Ordinance.

Amendment:

Section 4-2-8-2(A)(3) is amended as follows:

4-2-8-2(A) (3): It shall be the responsibility of the Planning Director to conduct a sign design review of all new signs proposed within the DTC District. This design review will be based upon that criteria found within Title 5, Chapter 21, Chapter 6, (5-6-7), Site Plan and Design Review, of the Zoning Ordinance.

3) Sign Regulations

Existing Municipal Code Section:

4-2-8-2 (A)(4): If, at any time, the Planning Director feels that a second informal evaluation of a specific sign design is necessary, a referral to the Development Review Committee will be made.

Amendment:

Section 4-2-8-2 (A)(4) is hereby deleted in its entirety.

(4): If, at any time, the Planning Director feels that a second informal evaluation of a specific sign design is necessary, a referral to the Development Review Committee will be made.

4) Building Regulations

Existing Municipal Code Section:

4-6-3: Grading, Erosion and Sedimentation Control, Definitions

(AA) “Geotechnical/Soil Engineer” means a civil engineer who is experienced in the field of engineering as described in the definition of “Geotechnical/Soil Engineering” in this section.

Amendment:

Section 4-6-3 (AA) is amended as follows:

(AA) “Geotechnical/Soil Engineer” means a civil engineer who is experienced in the field of engineering as described in the definition of “Geotechnical/Soil Engineering” in this section. “Geotechnical/Soil Engineering” is the branch of engineering that specializes in behavior of earth materials including rock and soil. 5)

Public Ways and Property

Existing Municipal Code Section:

8-2-1: General Definitions

(RR) “Recycling” shall mean the process of collecting, sorting, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream as defined in the California Public Resources Code Section 40180.

(ZZ) “Recycling” shall mean the process by which material that would otherwise be disposed of is collected and reused to make another product after its first use is completed and for which a market is identified for the collected materials.

Amendment:

Section 8-2-1(ZZ) is hereby amended as follows.

(ZZ) “Recycling” shall mean the process by which material that would otherwise be disposed of is collected and reused to make another product after its first use is completed and for which a market is identified for the collected material. Omitted Intentionally.

EXHIBIT “B”

AMENDMENTS TO THE LIVINGSTON MUNICIPAL CODE, TITLE 5, ZONING REGULATIONS

1) Lot Development Standards

Existing Municipal Code Section:

5-3-16, Table 7: Lot Configurations

Zone

Minimum Lot Area

Minimum Corner Lot Area

Minimum Lot Width/Street Frontage

Minimum Corner Lot Width/Street Frontage

R-2

6,000 sq. ft. (3,000 sq. ft. per dwelling unit)

6,500

60

65

Amendment:

Section 5-3-16, Table 7- Lot Configurations is amended as follow:

Zone

Minimum Lot Area

Minimum Corner Lot Area

Minimum Lot Width/Street Frontage

Minimum Corner Lot Width/Street Frontage

R-2

6,000 5,500 sq. ft. (3,000 2,750 sq. ft. per dwelling unit)

6,500

60

65

2) Street Development

Existing Municipal Code Section:

5-4-7 Street Development

C) WHEN IMPROVEMENTS ARE REQUIRED: Except as provided in Section 5-4-8(E), no occupancy permit, building permit, use permit, variance, or rezoning shall be issued or approved unless the applicant’s plans approved by the City include provisions for the construction of curb, gutter, sidewalk, surface drainage improvements, or any other public improvements required for the property by any other ordinance.

No occupancy permit for any building shall be approved unless the required public improvements have been installed and approved by the City or unless construction is deferred in accordance with Section 5-6-6-(G) or Section 5-4-8(D). Standards for new street development can be altered or refined through the specific plan or planned unit development process when it can be demonstrated that the projected traffic flows can be accommodated.

Amendment:

Section 5-4-7(C) is amended as follows:

C) WHEN IMPROVEMENTS ARE REQUIRED: Except as provided in Section 5-4-8(E), no occupancy permit, building permit, use permit, variance, or rezoning shall be issued or approved unless the applicant’s plans approved by the City include provisions for the construction of curb, gutter, sidewalk, surface drainage improvements, or any other public improvements required for the property by any other ordinance.

No occupancy permit for any building shall be approved unless the required public improvements have been installed and approved by the City. or unless construction is deferred in accordance with Section 5-6-6-(G) or Section 5-4-8(D). Standards for new street development can be altered or refined through the specific plan or planned unit development process when it can be demonstrated that the projected traffic flows can be accommodated.

3) Specific Use Regulations

Existing Municipal Code Section:

5-5-8(E), Table 12 – Permit Requirements for Wireless Communication Facilities, Footnote 1

(1) If roof-mounted antenna extends above the roofline, parapet wall, or similar roof screen, a Conditional Use Permit is required to authorize the antenna.

Amendment:

Section 5-5-8(E), Table 12 – Permit Requirements for Wireless Communication Facilities, Footnote 1 is hereby amended as follows:

(1) If roof- or wall-mounted antenna extends above the roofline, parapet wall, or similar roof screen, a Conditional Use Permit is required to authorize the antenna

Mayor Espinoza opened and subsequently closed the public hearing at 7:41 p.m. as there were no public comments.

Motion: M/S Soria/Sicairos to Introduce and Waive the First Reading of Ordinance 610, An Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code Sections 1-18-11 (A), 4-6-3, 4-2-8-2 (A)(3), 4-2-8-2(A)(4), 8-2-1, and Zoning Ordinance Sections 5-3-16 (table 7), 5-5-8 (E) (Table 12), and 5-4-7 (C). 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

CITIZEN COMMENTS

Mayor Espinoza opened the citizens comment period at 7:43 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, Livingston, had the following comments and questions:

· Question for the City Attorney: The language of the contract states that the amount per month will not exceed $7,500 a month, but the amount billed to the City that month is over $10,000. Shouldn’t there at least be a contract amendment?

· Asked the City Attorney for the legal definition of a non-profit organization. Does that include that such organization should be in good standing with the California Franchise Tax Board. Also, should a non-profit organization be current with the IRS? So if a resident looks them up on the Franchise Tax Board Website or the Internal Revenue Service website they would find it.

· Asked what exactly the role of the Council is liaison and when should these liaisons be reporting to Council? Should they be reporting to Council in closed session or to the public in open session?

· Asked if the Stakeholders’ Committee meeting was still on for February 10th.

· Asked Mayor Espinoza if he was going to open up the Consent Calendar for public comment.

Mayor Espinoza replied he would allow public comment on consent items.

City Attorney Jose Sanchez replied to Mrs. Schell-Rodriguez’s questions:

Regarding the amendment of an agreement, he would have to look at the entire agreement to see what it says under the compensation section, but, yes, usually when there is a limit, that is the limit that usually gets billed, anything over would be an amendment. A lot of times, although they try not to do this, but sometimes authorizations are given to go on with the work and come back later with the amendment.

Regarding the legal definition of non-profit, he knows that the State Code has different requirements as far as non-profits go. Usually, yes, she is correct as far as having a good status with the Franchise Board and IRS. He would have to be looking at what she is talking about as far as in what context. If an ordinance, what the definition is in that ordinance as far as the requirements are for non-profit.

In reference to the role of the Council liaison to different groups, such as the Planning Commission, he could not remember what the ordinance says as far as liaisons go; however, usually he knows that it was the request of the Council to have the reports happen in open session. Those reports do not happen in closed session unless for some reason the reports fit under the specific categories that a closed session to be held under.

City Manager Ramirez replied to Mrs. Schell-Rodriguez’s question relating to the Stakeholders’ Committee meeting on February 10th. He said that more than likely they are not going to have the information ready in terms of the actual water rates, but they are planning on still having a meeting on Monday to discuss other outstanding matters.

Mayor Espinoza closed the public comment period at 7:49 p.m.

CONSENT CALENDAR

2. Resolution 2014-02 Authorizing the City Manager to Prepare and Sign a Planning Application to the State Drinking Water State Revolving Fund (SDWSRF) for Improvements on the Water System.

3. Resolution 2014-03 Approving a One (1) Year Concessions Agreement with Paul Maurer Shows (PMS) and Authorizing the City Manager to Execute the Agreement.

4. Approval of Minutes of Meeting Held on January 21, 2014.

5. Approval of Warrant Register Dated January 30, 2014.

Mayor Espinoza opened comment period for the Consent Calendar at 7:50 p.m.

Katherine Schell-Rodriguez made a comment on Item 2 of the consent calendar. Kennedy Jenks Engineering, well violations, public funding for public water system improvements the rest in public health issues. She wrote that number of over $22 Million to fix the problems. She went through the packet and she would really like each Council member to open up their packet and find the page in the packet application that talks about the nitrate, TCP, Arsenic, Manganese, and how our wells are some of the highest in the State when it comes to TCP contamination. $22 Million is an awful lot to hope for in grant money.

Her question is what if we don’t get this money in grants and we get it in loans? Doesn’t that mean that those loans will have to be paid back through the rates over time? And doesn’t that mean that would be the Council’s responsibility to talk to their constituents about the real issues?

Mayor Espinoza said the citizens have been asking a lot of questions about the rates. Those are the concerns that she just mentioned about all these issues with the water, all these minerals that affect our wells. They are doing as much as they can to get grants and loans as well.

Mayor Espinoza thanked Mrs. Schell-Rodriguez and advised her that as soon as they get the water rates in place they will put them out to the citizens. The citizens will be notified on how much they will be paying for the next five years and the rates will be discussed in future meetings.

Mario Mendoza, 1421 Brandy Court, Livingston, asked if the water issues were the reason Fresenius Medical Facility at 420 Industrial Drive was closing.

Mayor Espinoza stated that it had nothing to do with that.

Mayor Espinoza closed the comment period on the Consent Calendar at 7:58 p.m.

Motion: M/S Samra/Espinoza 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

ADJOURNMENT

The meeting was adjourned by consensus at 7:59 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: February 18, 2014

_____________________________

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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