Approval of Minutes of Meeting Held on September 16, 2014.

Meeting Date: December 02, 2014

Agenda Item #9. Approval of Minutes of Meeting Held on September 16, 2014.

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

SEPTEMBER 16, 2014

A Closed Session/Regular Meeting of the Livingston City Council was held on September 16, 2014, in the City Council Chambers with Mayor Espinoza presiding.

CALL TO ORDER

Mayor Espinoza called the meeting to order at 6:09 p.m.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra

Council Member Jim Soria

Council Member Arturo Sicairos

Council Member David Mendoza (Excused Absence)

CITIZEN COMMENTS

Mayor Espinoza opened and subsequently closed Citizen Comments at 6:11 p.m. as there were no comments from the public.

CLOSED SESSION

Mayor Espinoza opened the meeting for public comments at 6:13 p.m. There were no comments and the Council went into Closed Session immediately thereafter to discuss the following matters:

1. 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 7:22 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 (Excused Absence)

CLOSED SESSION ANNOUNCEMENTS

No reportable action was taken.

CHANGES TO THE AGENDA

None.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Dave Davidson, Chief Domestic Wastewater Treatment Plant Operator, “Central Valley Regional Water Quality Control Board Notice of Waste Discharge Requirements.”

Chief Domestic Wastewater Treatment Plant Operator, Dave Davidson, gave a presentation regarding the status of the City’s Wastewater Treatment Plant. Chief Operator Davidson announced that in July of 2013 the Regional Water Quality Control Board inspected the City’s Wastewater Treatment Plant and identified several outstanding issues. A majority of the violations originated between the time period of 2010 and 2013, when EMS was in control of the Wastewater Treatment Plant. Nevertheless, Chief Operator Davidson, who has been working at this site since January 2014, has worked cooperatively with previous engineers to correct these violations. Chief Operator Davidson believes that the Wastewater Treatment Plant will be in compliance with WDR standards in the near future.

Collette Alvernaz, Po. Box 255, Livingston, said that she has seen a lot of activity near the Wastewater Treatment Plant. She asked why there is so much activity.

City Manager Ramirez replied that the City has been excavating portions of this site and selling clean soil to a local vendor, Brisco Enterprises.

Mrs. Alvernaz replied that she is concerned that this site has not gone through the proper CEQA process. According to her recollection, several Native American fossils/artifacts have been found at this site. In addition to archeological concerns, Mrs. Alvernaz is worried about the environmental impact that this activity may have on adjacent properties.

Mayor Espinoza mentioned that excavating sites like this is not unusual. A few years ago, the City worked with Caltrans to relocate soil from this site to the Sultana overpass. In addition, Mayor Espinoza mentioned that the Wastewater Treatment Plant went through the CEQA process prior to being constructed.

Mrs. Alvernaz announced that she is formally making a public records request to obtain that CEQA report.

Mr. Davidson concurred with Mayor Espinoza’s comments.

Mrs. Alvernaz submitted a letter to be recorded at City Hall.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

County Supervisor John Pedrozo provided an update regarding recent hires of the County. Many of the new staff members received their education in Northern California from either UC Davis or Fresno State, including his new assistant who also lives in Livingston. Supervisor Pedrozo also mentioned that he is working hard with Stanislaus County to craft a Water Ordinance that can withstand legal objections. In closing, Supervisor Pedrozo mentioned that he is excited to visit Livingston’s Annual Sweet Potato Festival.

Jeff Colbert from the Merced County Sheriff’s Office announced that the County will re-open the substation in Delhi sometime in October.

City Staff Announcements and Reports.

None.

City Manager Announcements and Reports.

City Manager Ramirez announced that staff is looking into improving the safety aspects of roads leading up to Livingston High School. Moreover, staff is working on some regional projects such as attending a tax-sharing agreement meeting with the County and attending a meeting regarding the California High Speed Rail.

City Council Members’ Announcements and Reports.

Council Member Soria announced that Livingston’s youth football team did a great job beating Atwater recently. Livingston’s next football game will be against the Oakdale Stampede. Council Member Soria urged the community to come out and support their local football team.

Mayor Pro-Tem Samra announced that he is looking forward to visiting Livingston’s Sweet Potato Festival.

Mayor’s Announcements and Reports.

Mayor Espinoza announced that he recently attended a training seminar hosted by the League of California Cities. Here, he had the opportunity to learn about the Voting Rights Act, city beautification practices, and public safety practices.

PUBLIC HEARINGS

1. Public Hearing – Resolution Approving General Plan Amendment 2011-01, Rezone 2011-01,

and Site Plan/Design Review 2014-02 (Always Towing), and Introduce and Waive the First

Reading of Ordinance No. 620, Amending the City of Livingston Zoning Map.

Mayor Espinoza would like to excuse himself from voting on this item because he is related to the applicant. Although, technically, taking action on this item does not constitute a conflict of interest, he would like to abstain from taking action for perception purposes.

Mayor Espinoza left the Council of Chambers and Mayor Pro-Tem Samra took over facilitating responsibilities.

Planning Staff introduced this item. Staff discussed several elements of this project such as the site plan, elevations, vehicular circulation, and environmental review.

Mayor Pro-Tem Samra opened Public Comments at 7:40 p.m.

Jean Okuye, 10029 W. Olive Avenue, had two recommendations. The first, that the applicant provide drought tolerant plants wherever landscaping is needed and her second suggestion is that the applicant provide tall trees or landscaping to soften the building’s industrial design. Besides that, she is very excited about this project.

Mayor Pro-Tem Samra closed Public Comments at 7:42 p.m., as there were no more comments from the public.

City Attorney Sanchez announced that the three resolutions and one ordinance should be voted on separately.

Motion: M/S Samra/Sicairos to adopt Resolution 2014-49, approving a Mitigated Negative Declaration for an automobile storage facility for Always Towing. The motion carried 3-0 by the following roll call vote.

AYES: Council Members: Sicairos, Samra, Soria

NOES: Council Members: None

ABSENT: Council Members: Mendoza

ABSTAIN: Council Members: Espinoza

Motion: M/S Samra/Sicairos to adopt Resolution 2014-50, approving General Plan Amendment 2011-01, Rezone 2011-01, for an automobile storage facility. The motion carried 3-0 by the following roll call vote.

AYES: Council Members: Sicairos, Samra, Soria

NOES: Council Members: None

ABSENT: Council Members: Mendoza

ABSTAIN: Council Members: Espinoza

Motion: M/S Samra/Sicairos to adopt Resolution 2014-51, conditionally approving Site Plan/Design Review 2014-02 (Always Towing), for automobile storage facility. The motion carried 3-0 by the following roll call vote.

AYES: Council Members: Sicairos, Samra, Soria

NOES: Council Members: None

ABSENT: Council Members: Mendoza

ABSTAIN: Council Members: Espinoza

Motion: M/S Samra/Sicairos to Introduce and Waive the First Reading of Ordinance No. 620, Amending the City of Livingston Zoning Map. The motion carried 3-0 by the following roll call vote.

AYES: Council Members: Sicairos, Samra, Soria

NOES: Council Members: None

ABSENT: Council Members: Mendoza

ABSTAIN: Council Members: Espinoza

Mayor Espinoza returned to the City Council Chambers at 7:47 p.m.

CITIZEN COMMENTS

Mayor Espinoza opened Citizen Comments at 7:48 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, Livingston, asked if the Consent Calendar will be opened for Public Comments.

Mayor Espinoza replied yes.

Mrs. Schell-Rodriguez asked if staff could explain the progress on the Clean-Up Abatement Order for the Wastewater Treatment Facility, given on July of 2012, directed to Foster Farms and the City.

City Manager Ramirez announced that there is a five year de-commission plan for this site. Foster Farms has drilled several monitoring wells at this site, as was required. Foster Farms is in the third year of the plan and they are currently removing sludge from this site.

Mayor Espinoza closed Citizen Comments at 7:53 p.m., as there were no more comments from the public.

CONSENT CALENDAR

2. City Council to Approve a 12 Month Professional Services Contract with Collins and Schoettler Planning Consultants and Authorize City Manager to Enter into a Contract in a Form Approved

by the City Attorney.

3. Resolution No. 2014-52, Adopting Safe Harbor under the Patient Protection and Affordability Care Act.

4. Resolution No. 2014-53, Accepting Local Agency Biennial Notice.

5. Approval of Warrant Register Dated September 11, 2014.

Mayor Espinoza opened Citizen Comments at 7:55 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, announced that she would like to direct everyone’s attention to Item #2, page 2, which discusses the fiscal impacts of this item. The hourly rate, of $90.00 per hour, allows for a maximum of 20 hours per week. Mrs. Schell-Rodriguez asked the City Manager if he believes that 20 hours per week is enough time to address the new development along Winton Parkway and any future development.

City Manager Ramirez replied that the Planning Department has the ability to manage several responsibilities. Nevertheless, development is a team effort that entails collaboration from the City Manager, Engineering, Building, Public Works, Police, Fire, and is not only reliant on the Planning Department.

City Attorney Sanchez announced that the agreement may be adjusted as needed, but the Staff Report encourages a cap of $7,400.00 per month.

City Manger Ramirez added that this dollar amount is reflective of the budget that City Council approved.

Jean Okuye, 10029 W. Olive Avenue, Livingston announced that Merced County did not meet its green house gas reduction goal. She believes that housing development brings more financial problems because infrastructure is not sustained by property taxes.

Mayor Espinoza replied that the cost-benefit analysis of residential projects can be resolved during the Development Agreement.

Mayor Espinoza closed Public Comments at 8:01 p.m., as there were no more public comments.

Motion: M/S Samra/Sicairos to approve the Consent Calendar. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Mendoza

DISCUSSION AND POTENTIAL ACTION ITEMS

6. Provide Staff Direction for Appointment to the Planning Commission.

Planning Staff announced that there is an opening for the position of Alternate Planning Commissioner and the City has received one applicant, Francisco Mendoza-Gonzalez, who happens to be a Planner for the City of Merced.

Mayor Espinoza opened and subsequently closed this item for Public Comments at 8:03 p.m. as there were no comments from the public.

Motion: M/S Samra/Sicairos to adopt Resolution No. 2014-54, to appoint Francisco Mendoza-Gonzalez as the new Alternate Planning Commissioner. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Mendoza

7. Authorize the Installation of a Sand Separator at Well 11.

Mayor Espinoza opened this item for Public Comments at 8:05 p.m.

Katherine Schell-Rodriguez, P.O. Box. 163, asked how this project will be funded.

City Manager Ramirez replied that funds will be drawn from the emergency account that was approved by City Council.

Mrs. Schell-Rodriguez asked for additional engineering related details for this project.

City Engineer Mario Gouveia provided additional information.

Mayor Espinoza closed Public Comments at 8:08 as there were no more comments from the audience.

Motion: M/S Soria/Sicairos to Authorize the Installation of a Sand Separator at Well 11.

The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Mendoza

ADJOURNMENT

The meeting was adjourned by consensus at 8:10 p.m.

________________________________

City Clerk of the City of Livingston

APPROVED: December 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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