Approval of Minutes of Meeting Held on February 18, 2014.

Meeting Date: March 04, 2014

Agenda Item #7. Approval of Minutes of Meeting Held on February 18, 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

FEBRUARY18, 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 18, 2014, in the City Council Chambers with Mayor Espinoza presiding.

REGULAR MEETING

Mayor Espinoza called the meeting to order at 7:02pm

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra

Council Member Jim Soria

Council Member Arturo Sicairos (Excused Absence)

Council Member David Mendoza

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

CHANGES TO THE AGENDA

Mayor Pro-Tem Gurpal Samra asked that item #10 be moved and considered as the first agenda item.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Supervisor Pedrozo was unable to attend the meeting due to a water conference.

City Staff Announcements and Reports.

Assistant City Manager/Finance Director Odi Ortiz gave an update on the utility cost management review, billings for electric and gas audits. He advised the billings were correct and staff recommended that some changes be made in the City Hall area and one of the City wells.

City Manager Jose Ramirez advised that the City contracted with a firm to do a full analysis on possible savings for electric and gas services.

City Manager Ramirez was asked by Mayor Espinoza about possible savings using solar power.

City Manger Ramirez said staff contacted two solar companies and worked with MID and PG&E regarding savings to the City.

Chief of Police Ruben Chavez reported that two CHP officers working out of the Fresno office had been killed in an automobile accident Monday morning.

Chief Chavez further reported the following:

· Burglary Action Plan – Burglaries were up slightly; some apartments were burglarized in the 8th and F Street area. He provided some information on crime prevention.

· Gang enforcement report of January 2014. The Police Department conducted several gang / probation sweeps, gang arrests, gang presentations and gang citations.

· Animal control statistics: 31 dogs and 4 cats were taken in and 48 administrative citations were given out. Twelve of the animals were taken to a rescue group which saved the City money.

· The Police Department is looking into a new program that will pair an officer and a Mental Health Counselor at Livingston Middle School through a grant from the Merced County Office of Mental Health. The officer will develop and implement special programs and work with youth and their families. The grant is for three years.

· Community dialogue on mental health, Saturday, March 8, 2014, at Livingston Middle School from 11:00 a.m. to 4:00 p.m.

· Explorers participated in a Pro-am at a golf tournament at Pebble Beach.

· Explorers helped with traffic control at Parents Institute held in Merced.

Mayor Espinoza asked Chief Chavez questions about the dog sweep and complaints of chickens within the City.

Chief Chavez responded that the Police Department conducted a dog sweep in December and issued several citations. The department will provide information to residents on tips for securing their dogs within their yard. He also said animal control has gone out to several houses regarding complaints of chickens.

Recreation Superintendent Jacquie Benoit announced that the Downtown Art District will postpone their meeting of February 21st and send invitations for a meeting on March 7th. She and an arts group traveled to Exeter and Lindsay on February 17th to look at murals and gather ideas for Livingston’s Downtown Art District.

City Manager Announcements and Reports.

City Manager Ramirez commented on a brochure he had of murals in Exeter and Lindsay. He would like the community and businesses to get involved and provide ideas for murals. City Manager Ramirez said staff is working on establishing a mural ordinance. He stated that there is a lot that we can do in this community to enhance the economic vitality.

City Council Members’ Announcements and Reports.

Council Member Soria attended the Parents’ Institute and said there was a good turnout.

Mayor Espinoza thanked Chief Chavez for the Police Department’s work with the Explorers.

Mayor Pro-Tem Samra announced that the annual Sikh Parade will be held on March 30, 2014.

Mayor’s Announcements and Reports.

Mayor Espinoza introduced Nora Becerra, the new City Council Minute Recorder and welcomed her back to the City.

Mayor Espinoza said he will be attending the WELL Conference for Latino elected officials in Sacramento March 27-28, 2014, where he will learn the basics of water policy, economics and infrastructure at the statewide level.

DISCUSSION AND POTENTIAL ACTION ITEMS

10. Resolution Approving an Agreement with Shannon Pump for Sampling and Repairs to Well 16, Making Findings Supporting that Award of Such Agreement is Exempt from Competitive Bidding Requirements and Authorizing the City Manager to Execute the Agreement.

City Manager Ramirez gave a brief overview and background on the issues the City is facing with the various City wells.

City Engineer Mario Gouveia elaborated on the approach the City is taking to resolve the issues.

City Manager Ramirez noted that staff recommended approval of the agreement with Shannon Pump.

City Attorney Jose Sanchez stated that this is an urgency matter and staff was unable to finalize the actual agreement by the Council meeting date. He recommended that the agreement be written in a form approved by the City Attorney.

Mayor Pro-Tem Samra stated that this matter has been discussed by the Utility Rates Stakeholders’ Committee.

Mayor Espinoza opened the public comment period at 7:34 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, Livingston, referred to the findings contained in the Resolution, specifically Sections C and D.

· Section C and D: multiple wells need multiple treatments and more capacity. She said that a rate study in 2007 and 2008 showed the wells needed treatment and the City needed more capacity.

· In early 2013, Well 13 was turned on even if it was known that contaminant levels were high.

· July 2013 Kennedy-Jenks report still showed problems with capacity.

· Here we are in 2014, facing all these problems, seven years after the Kennedy-Jenks study warned the City about the wells needing more filtration. She asked how many more of these sudden emergencies are going to arise. This emergency resolution is one more proof that the City has problems that will have to be addressed.

Mayor Espinoza replied to Mrs. Schell-Rodriguez’s questions.

He said every city has problems with their wells, but Livingston is doing their best to address the issues with its wells and water. He added that the water and sewer rates will be discussed at a Stakeholders’ Committee meeting. He thanked her for bringing up this issue.

City Manager Ramirez said the most recent rate study is different from the past rates studies. The rates talk for themselves because in previous studies rates were about $149 a month just for water. This Council wanted to be more open and transparent and when you try to do that, the process takes time.

Mayor Espinoza closed the public comment period at 7:43 p.m.

Mayor Pro-Tem Samra said the City won a $13 Million lawsuit and is using that money for the filtration. Livingston has a bad reputation because they are open about their well problems, but other cities have bad wells also and the City has nothing to hide. Well 16 and Well 9 are down, but they are doing everything they can to correct the problems.

Motion: M/S Soria/Samra to Adopt Resolution No. 2014-4, as amended, a Resolution of the City Council of the City of Livingston Approving an Agreement with Shannon Pump for Sampling and Repairs to Well 16, Making Findings Supporting the Award of Such Agreement is Exempt from Competitive Bidding Requirements, and Authorizing the City Manager to Execute the Agreement. The motion carried 4-0-1 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Sicairos

Council Member Soria asked permission to be excused from the meeting at 7:48 p.m. due to illness.

PUBLIC HEARINGS

1. Resolution Conditionally Approving Site Plan/Design Review 2013-04 for the Proposed Motel 6 Project, a 75-Room, 3-Story Motel on a 2.43 Acre Parcel Located at 110 N. Del Rio Avenue.

Contract Planner Holly Owens presented the staff report and recommended approval of the project.

She explained the parking standards and ADA requirements for Motel 6 and added the parking for the restaurant will be considered at a later date since they are not planning to build it until a later date. She added that the Applicant has already been through the Gallo Review Committee for their approval.

There are a total of 36 Conditions of Approval. There have been some slight changes to the Conditions of Approval since the Planning Commission recommended to the City Council approval of the project, by a 5-0 vote, at their regular meeting of January 14, 2014.

Contract Planner Owen discussed some of the Conditions of Approval.

She mentioned the Applicant must construct Del Rio Avenue as stated in Conditions 19 and 21.

She added there was some concern with internal circulation. Staff would like to see additional parking peninsulas to deter longer vehicles from taking up too many spaces along the interior perimeter of the parking lot.

Signs prohibiting truck and/or RV parking will be required at the entrances to the project and along Del Rio Avenue.

The City would like the Applicant to provide pedestrian pathway and a driveway access from the project site to the parcels south of the proposed project.

City Manager Ramirez said the two parties are currently trying to work out the pathway issue, so that may or may not happen.

Mayor Espinoza opened the Public Hearing at 8:00 p.m.

Cesar Rodriguez from CR Consulting Group, 4321 N. West Avenue, #105, Fresno, said most of the concerns brought up by City staff have already been addressed. Talks have already started with the neighboring businesses on behalf of the developer to get a cross access agreement in place.

Greg Thompson, Land Development Manager for Joseph Gallo Farms, P.O. Box 775, Atwater, said the applicant is working on a couple of other issues regarding storm drainage and/or an agreement. They have a draft agreement that will probably satisfy the Conditions of Approval on the issue with the construction of Del Rio Avenue. Gallo sent a copy of the storm drainage letter they typically issue for different applications. It should satisfy the City’s needs. He added that the applicant has been communicating with Gallo very well.

Mayor Espinoza closed the Public Hearing at 8:03 p.m.

Mayor Pro-Tem Samra asked the applicant if there was a time line to begin construction.

Cesar Rodriguez responded they anticipate starting construction sometime in March and no later than April 2014. His office has already started making the corrections to the plans so they can submit for a building permit. They are just waiting for the civil engineering approval from Joseph Gallo Farms. He added they have enough funding to start the project.

Contract Planner Owen mentioned that the applicant has 24 months to begin construction or the project will be deemed withdrawn.

Mayor Espinoza said he hopes that everyone involved comes up with a mutual agreement.

Motion: M/S Mendoza/Samra to adopt Resolution 2014-5, Conditionally Approving Site Plan/Design Review 2013-04 for the Proposed Motel 6 Project, a 75-Room, 3-Story Motel on a 2.43 Acre Parcel Located at 110 N. Del Rio Avenue. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Mendoza, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Soria

2. Ordinance of the City Council of the City of Livingston Amending Title 7, Chapter 4 of the Livingston Municipal Code Pertaining to Fireworks and the Issuing of Permits.

Recreation Superintendent Benoit introduced the agenda item.

City Attorney Sanchez gave a brief explanation of the City Ordinance, and proposed changes and recommendations on implementing a lottery system or choosing non-profit organizations for the fireworks booths.

Mayor Espinoza opened the Public Hearing at 8:51 p.m.

Louis Lenny, from of Modesto, said he had reviewed the Ordinance and gave recommendations on some proposed changes regarding the lottery and non-profit groups.

Carlos Vieira, Carlos Vieira Foundation, 15056 W. Peach Avenue, Livingston, stated that he does fundraising for the autism organization and has had a fireworks booth located at the Almond Tree Restaurant in Atwater for the past several years. He would also like to have one in Livingston for the Sheriff Activities/Police Activities League Boxing Club.

City Attorney Sanchez commented on Section 7-4-4, Subsection C of the Ordinance, “One affiliate from the same organization can only put one application into the lottery. If more than one application is submitted from the same non-profit organization only the first request submitted will enter the lottery.”

Julio Valadez, P.O. Box 701, Livingston, and 4th of July Committee Chair, commented that he would like for the Council to keep the selection process fair for everyone. Applicants should fill out the paperwork at the same time as everyone else. That way if someone does not come through, the alternate has his/her paperwork in and is not waiting around.

Katherine Shell-Rodriguez, P.O. Box 163, Livingston, asked about the City Council discretionary pick. She wanted to make sure whether or not the intention of the Council is that the discretionary pick be for one year or the Council intends to allow a discretionary pick for more than one year.

City Attorney Sanchez replied the discretionary pick would be for one year and for the following years the non-profit organization would have to reapply.

Mayor Espinoza closed the Public Hearing at 8:51 p.m.

Council Member Mendoza stated that he would like to have a Council majority vote on the Ordinance of 4-1.

City Attorney Sanchez advised that the Ordinance could be adopted by a Council vote of 3-2.

Motion: M/S Samra/Mendoza to Introduce and Waive the First Reading of Ordinance 611 of the City Council of the City of Livingston Amending Title 7, Chapter 4 of the Livingston Municipal Code Pertaining to Fireworks and the Issuing of Permits. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Mendoza, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Soria

CITIZEN COMMENTS

Mayor Espinoza opened the citizens comments period at 9:08 p.m.

Katherine Shell-Rodriguez, P.O. Box 163, Livingston, said she noticed in the past two years that two members from the Utility Rate Stakeholders’ Committee have been absent from their seats. One from the Merced Union High School District and the other one from Foster Farms and she had the following questions:

· Has anyone heard anything about who is going to be representing these two sectors the High School District and the Industrial?

· If not, what do you intend to do to see that these sectors are represented as the Council originally intended when the Committee was set up?

City Manager Ramirez replied to Mrs. Shell-Rodriguez questions. He said he contacted Foster Farms and the Merced Union High School District and they have designated someone to represent them. Foster Farms will be represented by Randy, he could not remember the last name, and the Merced Union High School District will be represented by Hector Bravo. The City will be informed if they will attend a meeting or be absent.

Mayor Espinoza asked when the next meeting was.

City Manager Ramirez advised that the next meeting will be on Monday, February 24th, at 5:30 p.m. in the City Hall Conference Room.

Mayor Espinoza closed the public comment period at 9:10 p.m.

CONSENT CALENDAR

3. Resolution No. 2013-6, Supporting and Implementing AB 1012 “Timely Use of Funding”.

4. Resolution No. 2014-7, Authorizing Award of Contract/Purchase Order to Sequoia Equipment Co., Inc., Fresno, California for the Purchase of One (1) Tier 4 Title 23 Backhoe Purchase.

5. Resolution No. 2014-8, Approving Amendment No. 1 to the Contract Agreement Between the City of Livingston and HDL Coren & Cone to Continue Providing Support Services in Property Tax Areas and Authorizing the City Manager to Execute a Three Year Service Contract Extension.

6. Waive the Second Reading and Adopt Ordinance No. 610 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).

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

8. Approval of Warrant Register Dated February 13, 2014.

Mayor Espinoza opened comment period for the Consent Calendar at 9:08 p.m. and subsequently closed the comment period at 9:10 p.m.

Motion: M/S Samra/Mendoza to approve the Consent Calendar. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Mendoza, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Soria

“CONSENT CALENDAR – SUCCESSOR AGENCY”

9. Resolution of the Successor Agency to the Redevelopment Agency of the City of Livingston Approving the Recognized Obligation Payment Schedule (ROPS 14-15A) Pursuant to Health and Safety Code Section 34177 for the Period July Through December 31, 2014.

Mayor Espinoza asked if the ROPS was to pay back the State.

City Attorney Sanchez explained that the ROPS is where the City lists all the obligations that the

City is paying to the State.

Motion: M/S Samra/Mendoza to adopt Resolution No. 2014-1, Resolution of the Successor Agency to the Redevelopment Agency of the City of Livingston Approving the Recognized Obligation Payment Schedule (ROPS 14-15A) Pursuant to Health and Safety Code Section 34177 for the Period July Through December 31, 2014. The motion carried 3-0-2 by the following roll call vote:

AYES: Agency Members: Mendoza, Samra, Espinoza

NOES: Agency Members: None

ABSENT: Agency Members: Sicairos, Soria

The regular meeting was adjourned by consensus at 9:12 p.m.

CLOSED SESSION

CALL TO ORDER

Mayor Espinoza called the meeting to order at 9:14 p.m.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra

Council Member Jim Soria (Excused Absence)

Council Member Arturo Sicairos (Excused Absence)

Council Member David Mendoza

The City Council went into Closed Session at 9:15 p.m. 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: 2

3. Conference with Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented City Employees

OPEN SESSION

The Council came back to open session at approximately 10:15 p.m.

City Attorney Sanchez announced that Mayor Pro-Tem Samra left the meeting at approximately

10:05 p.m. due to a conflict of interest with one of the items.

CLOSED SESSION ANNOUNCEMENTS

There was no reportable action.

ADJOURNMENT

The meeting was adjourned by consensus at 10:20 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: March 4, 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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