3 Approval of Minutes of Meeting Held on July 1, 2014.

Meeting Date: SEPTEMBER 02, 2014

Agenda Item #3. Approval of Minutes of Meeting Held on July 1, 2014.

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MEETING MINUTES

REGULAR MEETING/CLOSED SESSION

LIVINGSTON CITY COUNCIL

JULY 1, 2014

A Regular Meeting/Closed Session of the Livingston City Council was held on July 1, 2014, in the City Council Chambers with Mayor Espinoza presiding.

CLOSED SESSION

CALL TO ORDER

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 at 6:03 p.m. There were no comments and the Council went into Closed Session immediately thereafter to discuss the following matters:

1. Conference with Labor Negotiator Conference with Legal Counsel – Potential Litigation

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

Number of Cases: 2

2. 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 7:02 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

City Attorney Sanchez announced that there was no reportable action. However, he would like to state that only item number one was discussed during Closed Session. Item number two was a typo and was not discussed.

CHANGES TO THE AGENDA

Mayor Espinoza announced that a Foster Farm’s representative could not make it to today’s City Council Meeting. Because of this, item number one will be rescheduled to a subsequent City Council meeting.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Mayor Rodrigo Espinoza: Plaque to Foster Farms Representative Acknowledging the 75th Anniversary of Foster Farms.

This item was postponed to a subsequent City Council meeting.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Supervisor Pedrozo was not in attendance.

City Staff Announcements and Reports.

Police Chief Chavez gave a power point presentation discussing the Police Department’s burglary action plan, animal control plan, and gang sweep plan.

Contract Planner Holly Owen gave an update on recent planning related activities. I

n particular, she gave a presentation on “feather signs,” which are essentially vertical flags. Feather signs are often seen throughout town and there is currently no method of regulating them. Feather signs are problematic as they are typically large with vibrant colors and could be a distraction to drivers. In addition, feather signs can be blown by the wind and cause injury or drift onto oncoming traffic. In regards to aesthetics, feather signs don’t age well and have a tendency to fade and tare.

In some communities feather signs are allowed on a temporary basis in other communities their square footage is counted as part of the total signage for a building. This is an issue that should be addressed in the City’s Municipal Code and should contain input from elected officials.

In other planning related matters, there is a large private-storage container that is highly visible from Main Street. The Planning Department has already contacted the owner of this container and staff expects it to be relocated soon.

Alternate City Engineer Alfonso Manrique announced that Well #11 has experienced some challenges due to the State-wide drought. Staff is speaking with the California Department of Public Health (CDPH) to identify if emergency funding is available to address the lack of water. Well #13 has been operating for the last few weeks and the CDPH has been conducting pilot tests. Early test results show that some of the constituents have been properly removed.

City Manager Announcements and Reports.

City Manager Ramirez announced that the American Cancer society will be hosting a fundraiser at Memorial Park on August 31st. He invites the community to attend and support this important cause. In addition, City Manager Ramirez announced that residents from the County would like to connect to the City water system. Staff is working with County Supervisor John Pedrozo to identify possible funding sources for these projects.

City Council Members’ Announcements and Reports.

Council Member Soria asked if there are any hydration stations in town that provide water and snacks for the community.

Police Chief Chavez replied that the Police Department provides water and snacks on a 24 hour s per day, 7 days a week basis.

Council Member Soria was very pleased to hear this and would like to include this information on the City’s news letter.

Council Member Sicairos congratulate the Police Department for selecting their new City patch. He believes this patch will inspire officers to work with pride.

Mayor Pro Tem Samra announced that he would like the Police Department to do their best to stop illegal fireworks during 4th of July celebrations..

Chief Chavez replied that the Police Department is focusing on these matters and will give citations to violators.

Mayor Pro-Tem Samra closed his comments by wishing everyone a safe and happy 4th of July.

Mayor’s Announcements and Reports.

Mayor Espinoza announced that Joseph Gallo Park could be a safer environment if street lights were installed. Adding restrooms and a picnic shelter could make this park more user-friendly. Mayor Espinoza closed his comments by wishing the community a happy 4th of July.

PUBLIC HEARINGS

2. Resolution Conditionally Approving Site Plan/Design Review for the Construction of a 2,340 Square Foot Residential Duplex Unit on an Existing 5,850 Square Foot Located at 836 6th Street.

Contract Planner Holly Owen introduced this item. She shared that the site is located at 836 6th Street. The subject site is currently vacant and within a residential (R-2) zone. She displayed building elevations and provided material samples for City Council to examine. Contract Planner Owen continued by discussing issues like off-street parking, site accessibility, trash receptacles, and design.

Rene Moreno, 745 Emerald Court, is the applicant for this project and announced that he is concerned with the conditions pertaining to storm water.

City Manager Ramirez replied that he understands his concerns but storm water related conditions are standard and cannot be negotiated.

Mayor Espinoza concurred with the City Manager’s comment.

City Manager Ramirez announced that a sprinkler plan will have to be provided.

Mr. Moreno switched topics and asked if he could provide asphalt chippings for the entire alley instead of resurfacing the portion of the alley adjacent to his property.

City Manager Ramirez replied that this is a reasonable request and that it would be up to City Council’s discretion.

Mayor Espinoza opened and subsequently closed public comments (due to lack of comments) at 7:44 p.m.

Mayor Espinoza announced that providing asphalt may be the better option because it produces less pollution and has a longer life span than asphalt chippings. But he would entertain the idea of providing asphalt chippings along the entire alley. City Council agreed to modify Condition #12 to include Mr. Moreno’s request.

Motion: M/S Sicairos/Samra to adopt Resolution 2014-37 Conditionally Approving Site Plan/Design Review 2014-1 for the Construction of a 2,340 Square Foot Residential Duplex Unit on an Existing 5,850 Square Foot Located at 836 6th Street, with a modification to Condition #`12, in regards to adding asphalt chippings to the adjacent alley, as approved by the City Engineer. 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 Citizen Comments at 7:53 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, appreciates the updates that the City Engineer has provided for Well #13 but she is also concerned about Well #16. Earlier this year a contract was given out to a firm but she noticed that funds were paid out to a different firm to provide work on a well.

Alternate City Engineer Alfonso Manrique from Gouveia Engineering replied that there is one primary firm involved with this project. However, there are some specialty projects that have to be sub-contracted to specialized firms. An example includes the vertical profiling of the wells. Analysis showed that most of the arsenic was coming from the base of the Well. Very high concentrations of arsenic were found here.

Luis Flores, 747 Almonwood Drive, announced that there have been some issues about at-large elections. Many cities are considering changing representation on a district basis. In addition, he shared that the Downtown Life Living magazine recently talked about Downtown Merced and Downtown Turlock being revitalized by social bars. Mr. Flores thinks that this is something that could help Downtown Livingston.

Mayor Espinoza replied that these are issues that Council is currently discussing.

City Manager Ramirez replied that when it comes to alcohol, there need to be engagement with Alcohol Beverage Control to assure that there is not an over-concentration of on-site consumption businesses.

Police Chief Chavez announced that the City has an unusual low number of bars. If a potential bar is organized, safe, and classy it may provide an economic boost to downtown.

Mayor Espinoza closed citizen comments at 8:06 p.m.

CONSENT CALENDAR

4. Recommendation to Accept Completion of the Pedestrian Improvement Sidewalk Installation Federal No. CML-5256(012), Record a Notice of Completion with Merced County (Resolution No. 2014-38).

5. Resolution Acknowledging the 75th Anniversary of Foster Farms.

Postponed to a subsequent City Council meeting.

6. Approval of Minutes of Meeting Held on May 20, 2014.

7. Approval of Minutes of Meeting Held on June 3, 2014.

8. Approval of Warrant Register Dated June 26, 2014.

Motion: M/S Samra/Mendoza to approve the Consent Calendar, except for item number five. 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

9. City Council to Provide Staff Direction for Appointments to the Planning Commission.

Received a letter from Ranjeet Jhutti who is interested and has received interest.

This item was introduced by Contract Planner Holly Owen.

Mayor Espinoza opened and subsequently closed public comments (due to lack of comments) at 8:08 p.m.

Motion: M/S Mendoza/Sicairos to adopt Resolution No. 2014-39 appointing Ranjeet Jhutti as a Regular Member of the Planning Commission. 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

10. Designate Voting Delegate and Alternate(s) for League of California Cities Annual Conference.

This item was introduced by City Manager Ramirez.

Mayor Espinoza opened and subsequently closed public comments (due to lack of comments) at 8:08 p.m.

Motion: M/S Samra/Sicairos to Designate Voting Delegate (Espinoza) and Alternate (City Attorney Sanchez) for League of California Cities Annual Conference. 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

11. Fiscal Year 2014-2015 Budget Presentation: Workshop #1.

Finance Director/Assistant City Manager Odi Ortiz gave a power point presentation about the City’s budget. He discussed topics such as property tax, sales tax, potential development, and fiscal challenges. The presentation was followed by questions from City Council and the attendants.

ADJOURNMENT

The meeting was adjourned by consensus at 9:24 p.m.

___________________________________

Deputy City Clerk of the City of Livingston

APPROVED: September 2, 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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