6. Approval of Minutes of Meeting Held on June 17, 2014.

Meeting Date: August 05, 2014

Agenda Item #6. Approval of Minutes of Meeting Held on June 17, 2014.

Note from TheGardeningSnail. Part of this page was produced by running a PDF Image File through a program that converts Image to Text. Apologies for any Textual Gremlins that may have crept in. I may have also broken up some of the larger paragraphs for easy of reading.

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MEETING MINUTES

REGULAR MEETING/CLOSED SESSION

LIVINGSTON CITY COUNCIL

JUNE 17, 2014

A Regular Meeting/Closed Session of the Livingston City Council was held on June 17, 2014, in the City Council Chambers with Mayor Espinoza presiding.

CLOSED SESSION

Closed session was canceled due to lack of a quorum.

REGULAR MEETING

Mayor Espinoza called the meeting to order at 7:07 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 (Excused Absence)

Council Member David Mendoza (Excused Absence)

CLOSED SESSION ANNOUNCEMENTS

Closed Session was cancelled.

CHANGES TO THE AGENDA

Agenda items number six and number nine were pulled from the consent calendar for separate discussion.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Police Chief Ruben Chavez: 25 Year Service Award to Police Lieutenant Chris Soria.

Police Chief Ruben Chavez recognized Police Lieutenant Chris Soria for serving the community of Livingston for 25 years. Chief Chavez gave a power point presentation highlighting Lieutenant Soria’s career as a volunteer, sergeant, and acting chief of Livingston. Chief Chavez praised Lieutenant Soria for his loyalty to the community and dedicated work ethic. After the presentation, Lieutenant Soria thanked the community, staff, and his family for supporting him throughout his career.

2. Presentation by Alex French, President, Livingston Knights of Columbus: Appreciation Awards to Supervisor John Pedrozo and Merced County Sheriff Tom Cavallero.

Representatives from the Knights of Columbus recognized County Supervisor John Pedrozo, with a plaque, for continually supporting Livingston’s annual kite festival. Supervisor Pedrozo thanked the Knights of Columbus for constantly volunteering their time and announced that he is proud that the Kite Festival has brought so much happiness to Merced County. Sheriff Cavellero was not present to accept his award.

3. Presentation by Steve Boland, Nelson/Nygaard Consulting Associates and Paul Zykofsky, Local Government Commission: Draft Transportation Plan for Main and B Street in Livingston.

Steve Boland, from Nelson/Nygaard Consulting Associates, and Paul Zykofsky, from Local Government Commission, gave a presentation on the Draft Transportation Plan for the intersection at Main Street and B Street. The presentation covered the methodology of the transportation plan. The bulk of the research for this report took place in Livingston on June of 2013 and the analysis included input from the community, business owners, and elected officials.

As the report was being composed, the Congress for New Urbanism hosted a Tactical Urbanism activity in Livingston. This event allowed professionals to make temporary adjustments to Main Street and to see how responsive the community would be to new concepts like; back-end angled parking, extended curbs, park-lets, roundabouts, and etc. In addition, these exercises were coupled with analysis from traffic volumes/projected traffic volumes and accident trends.

Together, along with traffic/engineering standards, these components were used as the core of the draft transportation plan. The overall goal of this project is to increase the local economy of downtown, its bike-ability/walk-ability, and its safety.

Mike Sperry, 1328 First Street, announced that adding a roundabout might interfere with delivery trucks trying to make deliveries in downtown. He wants to know if the City has shared this report with the Fire and Police Department.

Mr. Boland replied that no project can prevent careless drivers from causing accidents. However, this design puts the community in a safer driving environment.

Mayor Espinoza added that this report was conducted by professionals who take these issues into consideration. Although these projects seem highly focused on design, the designs are merely traffic calming matters. In addition, the professionals are using engineering standards to make sure that roundabouts don’t prevent trucks from making turns at intersections.

Mr. Zykofsky added that the City of Modesto has twelve roundabouts and it has seen a decrease in accidents. These methods have been applied to the physical world and have produced positive results.

Mayor Pro-Tem Samra announced that these proposals go through a rigorous review process and have been engineered to be functional. Other locations in town that could reap benefits from this proposal include Gallo and Winton Parkway.

Katherine Schell-Rodriguez, P.O. Box 163, asked if the City has received grants to pay for this project. In addition, she shared that she is concerned about these projects being a burden on pedestrians.

Mr. Boland replied that the design of roundabout forces cars to slow down and thus, give drivers more time to see pedestrians. In general, roundabouts reduce car accidents by 30%.

Mayor Espinoza announced that this project is receiving grant consideration from MCAG.

City Manager Ramirez announced that the main objective of this report is to create projects that improve Downtown. Funding is still being reviewed by elected officials.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

County Supervisor John Pedrozo congratulated Lieutenant Chris Soria for serving Livingston for 25 years. In addition, Supervisor Pedrozo announced that today, during a board meeting, the County approved a proposed annual budget. The budget deficit looks more promising than expected as it has been reduced to 2.3 million dollars, which is much better than the expected deficit of 9 million dollars.

City Staff Announcements and Reports.

Police Chief Chavez announced that Police Officer Nick Kirk received an award from Mothers Against Drunk Driving in honor of Officer Kirk conducting 21 arrests for DUI’s during the year of 2013.

Parks and Recreation Superintendent Jacquie Benoit announced that the City is going to sponsor movie night in the park at Max Foster Park on June 20th and July 11th. In addition, she shared that the Mexican-American All-Star baseball game will be held at the high school this Saturday.

City Manager Announcements and Reports.

City Manager Ramirez announced that the City has been exhibiting some issues with Well #12. The well depth is far below what was expected and staff is working hard to address this issue. In addition, the State Controller’s Office recently contacted the City in regards to a $700,000.00 loan repayment from the RDA. The Finance Department and legal team are working hard to resolve these matters.

Mayor’s Announcements and Reports.

Mayor Espinoza announced that he has two items that he would like to discuss. Firstly, he is concerned with vandalism activity occurring in foreclosed homes. He calls neighborhood watch-groups to be vigilant and to report suspicious activities to the Police Department. Secondly, he would like to add an item to the next agenda, recognizing Foster Farms for operating in Livingston for 75 years.

PUBLIC HEARINGS

4. Proceedings under the 1972 Landscape and Lighting Act, California Streets and Highways Code 22500, et. seq.: for the Approval to Levy Annual Assessments for the Citywide Consolidated Landscape Maintenance Assessment District No. 1, Confirming Assessments for Fiscal Year 2014/2015.

This item was presented by Susana Medina from Willdan Financial.

Mayor Espinoza opened and subsequently closed the Public Hearing at 8:29 p.m. as there were no comments from the public.

Motion: M/S Samra/Soria to adopt Resolution No. 2014-29, Proceedings under the 1972 Landscape and Lighting Act, California Streets and Highways Code 22500, et. seq.: for the Approval to Levy Annual Assessments for the Citywide Consolidated Landscape Maintenance Assessment District No. 1, Confirming Assessments for Fiscal Year 2014/2015. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Soria, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Mendoza

5. Proceedings under the Benefit Assessment Act of 1982, Government Code Section 54717, et. seq., for the Approval to Levy Annual Assessments for the Livingston Benefit Assessment Districts, Confirming Assessments for Fiscal Year 2014/2015.

This item was presented by Susana Medina from Willdan Financial.

Mayor Espinoza opened and then closed the Public Hearing at 8:32 p.m., there being no public comments.

Motion: M/S Soria/Samra to adopt Resolution No. 2014-30, Proceedings under the Benefit Assessment Act of 1982, Government Code Section 54717, et. seq., for the Approval to Levy Annual Assessments for the Livingston Benefit Assessment Districts, Confirming Assessments for Fiscal Year 2014/2015. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Soria, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Mendoza

CITIZEN COMMENTS

Mayor Espinoza opened Citizen Comments at 8:34 p.m.

Bonnie Key, 1601 Second Street, wanted to commend Officer Lucas for saving an injured hawk trapped in her neighborhood last week. Officer Lucas figured out how to contain the injured hawk and then delivered it to a rescue station.

Mike Sperry, 424 Main Street, announced that he is concerned with seniors who have to walk from one end of Main Street to the other. He believes that the existing crosswalk would be more effective if it were re-striped with a fresh coat of paint. He volunteered to pay for the paint, if needed.

Teresa Land (address not reported) announced that Sober Grad was a very successful event. Mrs. Land took this opportunity to thank donors who donated funds to this event. In addition, she thanked City Council for their constant support and the police explorers for adding extra security during the event.

Mayor Pro-Tem Samra thanked the Sober Grad Committee for putting together an event that kept graduating seniors safe on graduation night.

Council Member Soria thanked the Sober Grad Committee for sacrificing time away from their family to put together this event.

Katherine Schell-Rodriguez, P.O. Box 163, asked if the City Treasurer has considered creating financial reports.

City Manager Ramirez replied that he will contact the City Treasurer to find out if she is interested in pursuing these matters.

Mayor Espinoza closed Citizen Comments at 8:46 p.m.

CONSENT CALENDAR

6. Adopt Resolutions Calling, Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 4, 2014, for the Election of the Mayor and One (1) Council Member as Required by the Provisions of the Law of the State of California Relating to General Law Cities; Submitting a Measure to the Voters Asking if the Term of the Mayor Should be Four (4) Years or Two (2) Years; and Requesting the Board of Supervisors of the County of Merced Consolidate a General Municipal Election to be Held on November 4, 2014, with the Statewide General Election to be Held on the Date Pursuant to Section 10403 of the Election Code.

7. Resolution No. 2014-34 Supporting Postal Reform Legislation.

8. Waive the Second Reading and Adopt Ordinance No. 619 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 5, Zoning Regulations: Section 5-4-9, Outdoor Dining Areas; 5-2-6, Temporary Uses; 5-6-9, Use Permits; and 5-7-2, Definitions.

9. Resolution Authorizing the City Manager or His Designee to Execute Right-of-Way Certifications.

10. Approval of Meeting Minutes of April 15, 2014, as amended.

11. Approval of Warrant Register Dated June 13, 2014.

Mayor Espinoza opened and subsequently closed public comments at 8:46 p.m.

Motion: M/S Samra/Espinoza to approve the Consent Calendar items number 7, 8, 10, and 11 (items #6 and #9, were pulled for separate discussion). The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Soria, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Mendoza

6. Adopt Resolutions Calling, Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 4, 2014, for the Election of the Mayor and One (1) Council Member as Required by the Provisions of the Law of the State of California Relating to General Law Cities; Submitting a Measure to the Voters Asking if the Term of the Mayor Should be Four (4) Years or Two (2) Years; and Requesting the Board of Supervisors of the County of Merced Consolidate a General Municipal Election to be Held on November 4, 2014, with the Statewide General Election to be Held on the Date Pursuant to Section 10403 of the Election Code.

Mayor Espinoza opened public comments at 8:52 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked who will be filing letters of support for the 2 or 4 year-term options. She asked if the letters would be subject to a public records request.

City Attorney Sanchez replied these letters could be reviewed with a public records request.

Mike Sperry, 1328 First Street, asked the City Attorney if council members could be held liable if a city files bankruptcy.

City Attorney Sanchez replied that he has not heard of this being true.

Mayor Espinoza closed public comments at 8:56 p.m.

Motion: M/S Samra/Soria to adopt Resolutions 2014-31, 2014-32, 2014-33 Calling, Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 4, 2014, for the Election of the Mayor and One (1) Council Member as Required by the Provisions of the Law of the State of California Relating to General Law Cities; Submitting a Measure to the Voters Asking if the Term of the Mayor Should be Four (4) Years or Two (2) Years; and Requesting the Board of Supervisors of the County of Merced Consolidate a General Municipal Election to be Held on November 4, 2014, with the Statewide General Election to be Held on the Date Pursuant to Section 10403 of the Election Code. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Soria, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Mendoza

9. Resolution Authorizing the City Manager or His Designee to Execute Right-of-Way Certifications.

City Engineer Gouveia announced that this resolution is necessary to tell the State that the project site is owned by the City.

Mayor Espinoza opened and subsequently closed public comments (due to lack of comments) at 9:01 p.m.

Motion: M/S Espinoza/Soria to adopt Resolution 2014-35, Authorizing the City Manager or His Designee to Execute Right-of-Way Certifications. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Soria, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Mendoza

City Attorney Sanchez wanted to clarify some anticipated questions in regards to right-of-way certification. The right-of-way certification shall not be used to accept or dedicate right-of-way. It will be used to tell the State that the City owns the property in which the project will take place at.

DISCUSSION AND POTENTIAL ACTION ITEMS

12. City Council to Accept the American Institute of Architects SDAT Final Report for the City of Livingston.

City Manager Ramirez presented the item. This report is in regards to a schematic Cultural Arts District Plan that was created by the American Institute of Architects.

Mayor Espinoza opened and subsequently closed public comments at 9:07 p.m.

Council Member Soria shared that he is very proud of this document.

Motion: M/S Soria/Samra that City Council Accept the American Institute of Architects SDAT Final Report for the City of Livingston. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Soria, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Mendoza

13. Resolution Authorizing the City Manager to Continue Making Required Expenditures to Meet Current or Immediate Financial Obligations Until the 2014/2015 Fiscal Year Budget is Adopted.

City Manager Ramirez announced that this resolution would allow the City to operate on a day to day basis.

Mayor Espinoza opened and subsequently closed public comments at 9:10 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked how this will impact the budget deficit.

City Manager Ramirez replied that the budgetary gap is currently one hundred and fifty thousand dollars. However, a recent notice from the State Controller’s Office shows that it could be much higher than this if they take action on recent matters.

Motion: M/S Samra/Soria to adopt Resolution 2014-36 Authorizing the City Manager to Continue Making Required Expenditures to Meet Current or Immediate Financial Obligations Until the 2014/2015 Fiscal Year Budget is Adopted. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Soria, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Mendoza

ADJOURNMENT

The meeting was adjourned by consensus, at 9:14 p.m.

____________________________________

Deputy City Clerk of the City of Livingston

APPROVED:

_____________________________

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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