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

Meeting Date: July 01, 2014

Agenda Item #6. Approval of Minutes of Meeting Held on June 3, 2014.

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MEETING MINUTES

REGULAR MEETING/CLOSED SESSION

LIVINGSTON CITY COUNCIL

JUNE 3, 2014

A Regular Meeting/Closed Session of the Livingston City Council was held on June 3, 2014, in the City Council Chambers with Mayor Espinoza presiding.

CLOSED SESSION

Closed session was canceled due to a lack of quorum.

REGULAR MEETING

Mayor Espinoza called the meeting to order at 7:04 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

Closed session was canceled due to a lack of a quorum.

CHANGES TO THE AGENDA

Item number thirteen was pulled from the agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Livingston Knights of Columbus: Certificates of Appreciation to Supervisor John Pedrozo and Merced County Sheriff Tom Cavallero.

This item was postponed to a subsequent meeting.

2. Presentation by Larry Bergman, Fire Captain, Merced County Fire/Cal Fire: Fire Hydrant Flushing Program.

Captain Bergman gave a presentation discussing Merced County Fire/Cal Fire’s efforts in flushing-out the City’s fire hydrants. Captain Bergman explained that this process has started off smoothly and that he expects to complete this project in approximately 3 weeks.

Katherine Schell-Rodriguez, P.O. Box 163, asked if the fire hydrant flushing program involves checking for water quality issues such as sand, manganese, and chlorine.

City Manager Ramirez replied that this program was organized by a team of professional engineers who are primarily concerned with the performance of the fire hydrants. In particular, they are looking at elements like water pressure, valve access, and things of that nature.

Ms. Schell-Rodriguez asked who was performing the work.

City Manager Ramirez replied that a group of volunteers is working through a stipend. Their work is being supervised by experienced professionals.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Supervisor Pedrozo was not in attendance.

City Staff Announcements and Reports.

Police Chief Ruben Chavez gave a power point presentation updating the community on recent police related activities. Chief Chavez discussed the Police Department’s recent success with animal control, burglary action plans, and gang prevention strategies. In addition, Chief Chavez introduced a new intern who is assisting with grant applications.

City Engineer Mario Gouveia gave the community a brief updated on recent engineering related activities. Engineer Gouveia mentioned that PG&E is currently conducting gas line checks throughout town and that they will continue to do so for the next few weeks. In addition, City Engineer Gouveia discussed the development for the Livingston Commons. Several businesses like CVS and Rancho San Miguel are currently going through the plan checking phase of review.

Mayor Pro-Tem Samra asked when work on the rail road tracks will begin.

Police Chief Chavez replied that work will begin on June 8th and end on June 10th.

Mayor Pro-Temp Samra suggested that staff locate an A-frame signs near the rail road tracks, displaying the street closure dates.

City Manager Ramirez replied that this is a good suggestion.

Parks and Recreation Superintendent Jacqueline Benoit gave a presentation on recent parks and recreation related activities. Superintendent Benoit shared that the Recreation Department will soon begin new activities like co-ed softball and community swimming. She advised that the community look at the City’s Parks and Recreation Facebook page to obtain more information.

City Manager Announcements and Reports.

City Manager Ramirez announced that he has a few items that he would like to discuss. Firstly, he has been in contacts with Caltrans about obtaining an alternative water source for the Highway 99 corridor. One option is to come to some sort of agreement with Foster Farms and request that they use their gray water to water the Highway 99 corridor.

The second item is in regards to the Congress for New Urbanism (CNU) report that was recently drafted. In 2013, CNU came into town and held a series of community activities that revolved around community development. With the help of professionals, such as economist and planners, CNU was able to take the community’s suggestions and compose a report that outlines different strategies that can preserve or improve the community values, aesthetics, and economy.

Lastly, City Manager Ramirez shared that a gentlemen by the name of Ricardo Cardenas has been contacting the City about organizing a rodeo at Max Foster Park. Mr. Cardenas will be working with the City to assure that the event will be conducted in a safe manner. In addition, City Manager introduced a representative from the State of California who presented an award Police Chief Chavez, recognizing him for achievements with the Police Department.

City Council Members’ Announcements and Reports.

Council Member Soria thanked City staff for their exceptional work. He also encouraged the community to vote in the upcoming elections.

Mayor Pro-Tem Samra thanked Chief Chavez and Superintendent Jacqueline Benoit for their updates and hard work.

Mayor’s Announcements and Reports.

Mayor Espinoza shared that he saw Well #13 covered in graffiti. He would like staff to address it.

PUBLIC HEARINGS

1. Waive the Second Reading and Adopt Ordinance No. 616 of the City Council of the City of Livingston Adopting Amendments to Title 4, Chapter 1 of the Livingston Municipal Code Pertaining to the Livingston Building Code, and Ordinance No. 617 Adopting Amendments to Title 7, Chapters 1, 2, 4 and 5 of the Livingston Municipal Code and Related Changes.

This item was introduced by City Attorney Jose Sanchez. He explained that codifiers have identified issues with the municipal that need to be addressed. Staff is working closely with the Fire Chief to ensure that City codes are consistent with his policy. In addition, City Attorney Sanchez shared that if the City does not employ a Fire Chief, the City can redistribute his or her responsibilities to the Police Chief, if said Police Chief has a background with fire practices.

Public comments were opened and closed at 7:47 p.m.

Motion: M/S Samra/Espinoza to Waive the Second Reading and Adopt Ordinance No. 616 of the City Council of the City of Livingston Adopting Amendments to Title 4, Chapter 1 of the Livingston Municipal Code Pertaining to the Livingston Building Code, and Ordinance No. 617 Adopting Amendments to Title 7, Chapters 1, 2, 4 and 5 of the Livingston Municipal Code and Related Changes. 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

2. Introduce and Waive the First Reading of Ordinance No. ___, an Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 5, Zoning Regulations; Sections 5-4-9, Outdoor Dining Areas; 5-2-6, Temporary Uses; 5-6-9, Use Permits; and 5-7-2, Definitions.

Contract Planner Holly Owen announced that staff and codifiers have identified a series of land use related sections that need to be updated. In particular, applications like Temporary Outdoor Use Permits and Encroachment Permits need to be defined more clearly. Staff is studying other communities and learning how they address said permits.

City Attorney Sanchez added that one of the City’s goals should be to ensure that said applications provide a flexible policy. That being said, Temporary Outdoor Use Permits would be allowed for a pre-determined list of uses. If a requested use is not identified on said list, the applicant would be required to gain approval from the Planning Commission.

Mayor Espinoza opened public comments at 7:56 p.m.

Katharine Schell-Rodriguez, P.O. Box 163, said that she has two questions. First, she asked if the Planning and Engineering Department have two different versions of “Encroachment Permits.” Second, she asked if the outdoor rodeo, that the City Manager alluded to earlier, would be required to go through the Temporary Outdoor Use Permit process.

City Engineer Gouveia replied that the Engineering Department would require “Encroachment Permits” when a party wishes to use public right away for construction purposes. The Planning Department would most likely require “Encroachment Permits” if a property owner wishes to modify their driveway-cut.

City Attorney Sanchez added that a request such as a rodeo would require a Temporary Outdoor Use Permit application and approval from the Planning Commission. The Planning Commission would then compare the impacts of a rodeo to a use that is similar to it, such as a carnival, and identify if a rodeo would have minimal impacts to the neighboring area.

Contract Planner Owen added that findings will be made for each request.

Mayor Espinoza closed public comments at 8:03 p.m.

Motion: M/S Soria/Samra to Introduce and Waive the First Reading of Ordinance No. 619, an Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 5, Zoning Regulations; Sections 5-4-9, Outdoor Dining Areas; 5-2-6, Temporary Uses; 5-6-9, Use Permits; and 5-7-2, Definitions. 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 8:05 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked if the City could provide a progress report for Well #16.

City Manager Ramirez replied that a survey was recently conducted and that the results are currently being analyzed by staff.

Merced County Sergeant Jeff Cober introduced himself and shared that he will be working at the Delhi substation. He is looking forward to building a relationship with Livingston’s Police Department.

Mayor Espinoza closed Citizen Comments at 8:09 p.m.

CONSENT CALENDAR

3. Waive the Second Reading and Adopt Ordinance No. 614, an Ordinance of the City Council of the City of Livingston Adopting a New Rate Schedule for Water Service Based on the Full CIP Scenario – Effective July 15, 2014.

4. Waive the Second Reading and Adopt Ordinance No. 615, an Ordinance of the City Council of the City of Livingston Adopting a New Rate Schedule for Domestic Wastewater Service (Sewer Service), Effective July 15, 2014.

5. Waive the Second Reading and Adopt Ordinance No. 618 of the City Council of the City of Livingston Amending the Livingston Municipal Code to Repeal Title 9, Chapter 7, Entitled “CATV Franchise: in its Entirety.

6. Resolution No.2014-22, Initiating Proceedings Under the Landscape and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code, et seq., Declaring the City’s Intention to Levy and Collect Assessments within the City’s Landscape and Lighting Maintenance Assessment District for Fiscal Year 2014/2015, Approval of the Engineer’s Report and Setting a Time and Place for a Public Hearing.

7. Resolution No. 2014-23, Initiating Proceedings under the Benefit Assessment Act of 1982, Government Code Section 54717, et seq., Declaring the City’s Intention to Levy and Collect Assessments within the City’s Benefit Assessment Districts for Fiscal Year 2014/2015, Approval of the Engineer’s Report and Setting a Time and Place for a Public Hearing.

8. Resolution No. 2014-24, Authorizing the City Manager to Execute the Program Supplement Agreement No. 012-N to Administering Agency-State Agreement No.10-5256R for the Roundabout at Main Street and B Street; Federal Project No. CML-5256(015) and Authorizing the City Manager to Act on Behalf of the City of Livingston

9. Resolution No. 2014-25, Resolution Authorizing the City Manager to Execute the Program Supplement Agreement No. 011-N to Administering Agency- State Agreement No. 10-5256R for the Sidewalk Infill on Stefani, White, Crowell and Simpson; Federal Project No. CML-5256 (016) and Authorizing the City Manager to Act on Behalf of the City of Livingston.

10. Resolution No. 2014-26, Approving the Second Amendment to City Manager Employment Agreement.

11. City Council Approval of New School Resource Officer Classification.

12. Approval of Annual CPI Service Rate Adjustment for Gilton Solid Waste Management Services (Resolution No. 2014-27).

13. Approval of Minutes of Meeting Held on April 15, 2014.

14. Approval of Minutes of Meeting Held on May 1, 2014.

15. Approval of Minutes of Meeting Held on May 15, 2014.

16. Approval of Warrant Register Dated May 30, 2014.

Mayor Espinoza opened public comments at 8:16 p.m.

Katherine Schell-Rodriguez, P.O. Box 163 shared that items #10 & #11 are projects that involve grants. She asked if grant spending requires satisfying specific guidelines.

City Manager Ramirez replied that the guidelines depend on the grant.

Ms. Schell-Rodriguez asked if the City Council predicts any issues with this round about in regards to cultural displacement, walk-ability, practicality, and local economy.

City Manager Ramirez replied that these questions will be addressed at the next City Council meeting. Nelson/Nygaard and the Local Government Commission took these concerns into consideration when they designed the roundabout.

Mayor Espinoza closed public comments at 8:19 p.m.

Motion: M/S Samra/Sicairos 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

DISCUSSION AND POTENTIAL ACTION ITEMS

17. Resolution Approving an Agreement with Conco West for Repairs at the Wastewater Treatment Plant (WWTP), Making Findings Supporting that Award of Such Agreement is Exempt from Competitive Bidding Requirements and Authorizing the City Manager to Execute the Agreement.

Mayor Espinoza opened public comments at 8:22 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked when the leak began and what type of funding will be used to pay for said repairs.

City Manager Ramirez replied that this issue was brought to his attention last week and that the funding for the repairs will come from a City Council approved budget, reserved for emergencies. Additional funding can be provided from the capital fund.

Mayor Espinoza closed public comments at 8:24 p.m.

Motion: M/S Samra/Sicairos to adopt Resolution No. 2014-28, Approving an Agreement with Conco West for Repairs at the Wastewater Treatment Plant (WWTP), Making Findings Supporting that Award of Such Agreement is Exempt from Competitive Bidding Requirements and Authorizing the City Manager to Execute the Agreement. 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 in honor of the recent passing of Planning Commissioner Michael Silvia, by consensus, at 8:27 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: July 1, 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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One thought on “6 Approval of Minutes of Meeting Held on June 3, 2014.

  1. Pingback: Fireworks Booths and Council Picks, Flushing Away the Brown Water, A Water System Update, and a Brief Look at March, 2015 | Thegardeningsnail's Weblog (because not every critter is hiding under a rock...)

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