Approval of Minutes of Meeting Held on April 21, 2015.

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MEETING MINUTES

CONCURRENT MEETING OF THE CITY

COUNCIL AND SUCCESSORY AGENCY TO

THE REDEVELOPMENT AGENCY

OF THE CITY OF LIVINGSTON

APRIL 21, 2015

A Closed Session/Regular Meeting of the Livingston City Council and Successor Agency to the Redevelopment Agency of the City of Livingston was held on April 21, 2015, in the City Council Chambers with Mayor Espinoza presiding.

CALL TO ORDER

Mayor Espinoza called the meeting to order at 6:03 p.m.

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)

Mayor Espinoza opened and subsequently closed Citizen Comments at 6:04 p.m. as there were no comments from the audience.

CLOSED SESSION

Mayor Espinoza opened the meeting for public comments at 6:05 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: 1

2. Conference with Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiator: Interim City Manager Odi Ortiz

Employee Organizations: All Represented and

Non-Represented City Employees

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 (Excused Absence)

Council Member David Mendoza (Excused Absence)

CLOSED SESSION ANNOUNCEMENTS

No reportable action was taken.

CHANGES TO THE AGENDA

Council Member Samra pulled Item #4 from the Consent Calendar for separate discussion.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Color Guard by Livingston Police Explorer Post 518.

Invocation by Police Chaplain Mike Outten.

Introduction and Affirmation of Oath of Office and re-pinning of Badges for Police Officer Taylor Kollmann and Reserve Police Officer Enrique Villalobos by Police Chief Ruben Chavez.

Police Chief Chavez introduced the new police officers and talked about their education (Reserve Officer Villalobos attended CSU Stanislaus and Officer Kollmann attended UC San Diego), and welcomed family members in attendance.

2. Presentation by Dennis Mueller (VP/CTO) of American Solar Utility on the following:

– Livingston City Energy Assessment status.

– Solar project Aggregate Net-Metering options with both PG&E and MID.

– Solar project Land Options.

– Solar project Power Purchase Agreement – Options between ASU and Livingston.

– Energy Efficiency technologies (lighting, etc.) with near and long-term options.

– Next steps and schedule.

Mayor Pro-Tem Samra asked about the City’s role in replacing street lights.

Interim City Manager Ortiz replied that various street lights are owned by the City and others are owned by PG&E.

Dennis Mueller explained that the analysis considered City-owned lights only.

Mayor Pro-Tem Samra believes the City should consider the benefits of either leasing or owning the system.

Dennis Mueller replied that both options are available. A third option is to start by leasing the system then, after several years, purchasing the system.

City Attorney Sanchez noted that these systems are expensive. Other communities can’t afford to purchase the systems so they start with a leasing agreement.

Mayor Espinoza opened this item for Public Comments at 7:46 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, mentioned that the land being decommissioned by Foster Farms to the City will not be available until the site has been remediated.

Council Member Soria asked about the system’s monitoring process.

Dennis Mueller replied that a digital system showing savings and energy production can be installed at an off-site location such as City Hall, if desired.

Council Member Soria asked if other cities are interested in this system.

Dennis Mueller replied that several cities are interested, such as Woodland and Gonzalez.

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 PowerPoint presentation regarding burglary statistics, animal citations, gang sweeps, and Explorer Scout activities.

Mayor Espinoza thanked Police Chief Chavez for bringing the brother of Cesar Chavez to Livingston.

Mayor Pro-Tem Samra thanked the Police Department for patrolling both the Sikh Parade and Kite Festival.

Council Member Soria announced that he is impressed with the Police Explorer’s involvement in community events.

Recreation Superintendent Benoit announced that a water polo event will take place at the community pool this Saturday. Baseball has begun, the swim team starts in May, the Circus will be in town in May at Max Foster Park (tickets available at City Hall), and the Downtown Open Market will begin soon.

City Manager Announcements and Reports.

Interim City Manager Ortiz announced that CVS will have their grand opening this Sunday.

City Council Members’ Announcements and Reports.

Mayor Pro-Tem Samra announced that Ramona Giwargis (in attendance at this meeting) from Merced Sun-Star will soon be working with the San Jose Mercury. He, along with other Council Members, wished Ramona Giwargis good luck with her future endeavors.

Mayor’s Announcements and Reports.

Mayor Espinoza announced that the City’s Downtown Open Market will begin in early May. Moreover, he will be working with Assembly Member Adam Gray on ground water related issues.

PUBLIC HEARINGS

3. Resolution 2015-17 Adopting the Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan.

City Engineer Mario Gouveia introduced this item. Action on this item is required to qualify for certain federal grants. Studies were conducted on public parking spaces to identify improvement areas that should be addressed when funding is available (not tied to a specific timeline).

Mayor Espinoza opened and subsequently closed Public Comments at 8:10 p.m. as there were no comments from the audience.

Mayor Pro-Tem Samra suggested that staff identify grant opportunities to help pay for these projects.

City Engineer Gouveia replied that grant opportunities are being reviewed. Safe Routes to School grants are often a good starting point for these types of projects.

Mayor Espinoza mentioned that this topic is extremely important, especially when many lawsuits have been filed in regards to ADA parking.

Motion: M/S Samra/Soria to adopt Resolution No. 2015-17, Approving the Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan. 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 8:12 p.m.

Warren Urnberg, 1331 8th Street, asked if the City has equipment to level uneven sidewalks on Main Street.

Interim City Manager Ortiz replied that the City can address this now or when public improvements are installed as part of the City’s Downtown Revitalization Plan.

Katherine Schell-Rodriguez, P.O. Box 163, announced that in August of 2013, Utility Rates Stakeholders Committee reviewed a feasibility analysis by Kennedy-Jenks, which showed that the City does not have sufficient water available for future growth. Recently, the State announced that it will require a 25% reduction in water usage (in relation to usage from 2013). She asked if it is possible for the City to grow (residential and commercial projects) when the State requires water reduction.

City Attorney Sanchez replied that many of these topics will be addressed during another item on the agenda. The City has done a great job at managing water usage.

Mayor Espinoza mentioned that it is contradictory for a City to grow and reduce water consumption at the same time. The hope is that the drought ends soon so that water limitations do not hinder development. Nevertheless, it is important for individuals, cities, and corporations to practice water conservation.

Mayor Espinoza closed Public Comments at 8:19 p.m. as there were no further comments from the audience.

CONSENT CALENDAR

4. City Council Authorize the Purchase and Installation of Memorial Marker for the Late City of

Livingston Planning Commissioner Michael Anthony Silva.

5. City Council Authorization for the Purchase of One New Police Vehicle.

6. Approval of Warrant Register Dated April 2, 2015.

7. Approval of Warrant Register Dated April 16, 2015.

Mayor Pro-Tem Samra announced that Item #4 was pulled due to a citizen’s request.

Motion: M/S Samra/Soria to approve Consent Calendar Items #5, #6, and #7. 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

Warren Urnberg, 1331 8th Street, requested that this item be pulled for separate discussion. He suggested that the plaque also include other local leaders.

Mayor Espinoza replied that something similar was brought to his attention when a street was named in honor of a veteran. He believes that it is up to each Council to recognize leaders lost during their tenure.

Mayor Pro-Tem Samra noted that this is a unique case because Planning Commissioner Michael Silva was serving on the Commission when he passed away. He believes that the City should work with the Livingston Historical Society to identify local leaders that also deserve recognition.

Council Member Soria noted that the City’s website can be used to honor all local leaders.

Mayor Espinoza believes it is difficult to honor all leaders because the City has limited resources.

Motion: M/S Samra/Soria to approve Consent Calendar Item #4. 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

CONSENT CALENDAR – CITY COUNCIL/SUCCESSOR AGENCY

8. Adoption of Two Resolutions (2015-02 and 2015-03) Approving a Four (4) Year Loan Repayment Agreement Between the City of Livingston and the Successor Agency to the Redevelopment Agency.

Mayor Espinoza opened Public Comments at 8:30 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked for background information for this item.

City Attorney Sanchez replied that this item is directly related to the State dissolving the Redevelopment Agency (RDA). Within the last few years, the Department of Finance informed the City that it was receiving invalid payments from the RDA and now the Department of Finance is requiring that the City return those funds. A payment plan may be created to make the repayment process more manageable.

Mayor Espinoza closed Public Comments at 8:34 p.m., as there were no further comments from the audience.

Motion: M/S Soria/Samra to adopt Successor Agency Resolution No. 2015-02, and City Council Resolution No. 2015-18, Approving a Four (4) Year Loan Repayment Agreement Between the City of Livingston and the Successor Agency to the Redevelopment Agency. 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 COMMETNS

Mayor Espinoza re-opened Citizen Comments at 8:37 p.m.

Randeep Singh (address unknown) spoke about water conservation. He believes that the City should coordinate water conservation efforts with other agencies such as school districts and industrial businesses. In closing, he mentioned that staff should be diligent about enforcing the City’s Water Ordinance.

Mayor Espinoza closed Citizen Comments at 8:41 p.m. as there were no further comments from the audience.

DISCUSSION AND POTENTIAL ACTION ITEMS

9. City Council Direction on Appointment of Parks and Recreation Commission Members.

Recreation Superintendent Benoit introduced the item.

Mayor Pro-Tem Samra asked if the Planning Commission and Parks and Recreation Commission could be merged.

City Attorney Sanchez replied that this may be an option, but staff would have to conduct additional research for confirmation.

Mayor Espinoza announced that the City of Atwater merged its Planning and Parks and Recreation Commissions. This should be done to improve efficiency and to save resources.

Mayor Espinoza opened Public Comments at 8:45 p.m.

Warren Urnberg, 1881 8th Street, (a current Planning Commissioner) mentioned that during the early 1990’s, the City of Livingston merged the Planning and Parks and Recreation Commissions.

Mayor Espinoza closed Public Comments 8:47 p.m. as there were no further comments from the audience.

10. Resolution 2015-19 Establishing Designated Level I Reserve Police Officers.

Police Chief Chavez introduced this item.

Council Member Soria announced that he began his criminal justice career as a Level 1 Reserve Police Officer and that doing so helped him find employment.

Mayor Espinoza asked about the financial impact of this item.

Police Chief Chavez replied that there will be no financial impact.

Mayor Espinoza opened and closed Public Comments at 8:50 p.m., as there were no comments from the audience.

Motion: M/S Soria/Samra to adopt Resolution No. 2015-19 Establishing a Designated Level I Reserve Police Officer Position. 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

11. Resolution 2015-20 Approving a One (1) Year Professional Services Agreement with Mountain Valley Environmental Services and Authorizing the Interim City Manager to Execute Agreement.

Interim City Manager Ortiz introduced this item.

Randy Johnson, President of Mountain Valley Environmental Services, introduced himself and made himself available for questions.

No questions were asked.

Mayor Espinoza opened and closed Public Comment 8:55 p.m. as there were no comments from the audience.

Motion: M/S Soria/Samra to adopt Resolution No. 2015-20 Approving a One (1) Year Professional Services Agreement with Mountain Valley Environmental Services and Authorizing the Interim City Manager to Execute the Agreement. 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

12. Resolution Proclaiming a Local Drought Emergency and Implementing Mandatory Water Use Restrictions and Rescinding Resolution 2014-1.

City Engineer Mario Gouveia introduced this item. The City is considering reducing the number of watering days. In addition, the City is working with Foster Farms to conduct a water reduction plan.

City Attorney Sanchez noted that the City has reduced water consumption by 18% since 2013, which makes progress towards the State mandated reduction of 25%. City Attorney Sanchez recommends continuing this item to allow for additional research.

Council Member Samra suggested that the language in the resolution be modified to add clarity, specifically in the sections pertaining to car washes. In addition, he recommends that notices about watering days be given in Punjabi, Spanish, and English.

Mayor Espinoza opened Public Comments at 9:10 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, suggested that new watering days not be those that are currently not allowed.

Mayor Espinoza concurred with her comments.

Mayor Espinoza closed Public Comments at 9:12 p.m., as there were no further comments from the audience.

Police Chief Chavez announced that the City is going to take a comprehensive approach towards identifying water violations. Staff members from Code Enforcement, Public Works, and the Police Department should facilitate the citation process.

Mayor Pro-Tem Samra asked if water usage will be reduced for City parks.

Interim City Manager Ortiz replied yes.

Mayor Pro-Tem Samra suggested that an insert about water conservation methods be given with the next water bill.

Motion: M/S Soria/Espinoza to continue this item to a future meeting. 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. City Council Authorization for the Purchase and Implementation of a Body Worn Camera System and Replacement of In-Car Video System.

Police Chief Chavez introduced this item.

Mayor Pro-Tem Samra stated that he has been studying this subject for several years. Body cameras are extremely helpful during legal disputes.

Mayor Espinoza concurred with Mayor Pro-Tem Samra.

Mayor Espinoza opened Public Comments at 9:27 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked if Police videos will be available to the public.

Police Chief Chavez replied that videos will be considered evidence and cannot be made available to the public.

Mayor Espinoza closed Public Comments at 9:29 p.m., as there were no further comments from the audience.

Motion: M/S Samra/Soria that the City Council authorize the Purchase and Implementation of a Body Worn Camera System and Replacement of In-Car Video System. 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

Council Member Soria commented that he would like to see a presentation/demonstration on body cameras prior to them being used.

14. Resolution 2015-21 Approving a Deed Restriction for Parcels Designated with Assessor Parcel Numbers 022-050-027, 022-050-008, and 022-050-006 (collectively known as the Joseph Gallo Park) Pursuant to the Requirements of the Roberti-Z’berg-Harris Nonurbanized Area Need-Basis Grant Program for the Joseph Gallo Park Improvements Project.

City Engineer Gouveia introduced this item.

.

Mayor Espinoza opened and closed Public Comments at 9:34 p.m., as there no comments from the audience.

Motion: M/S Samra/Soria to adopt Resolution No. 2015-21 Approving a Deed Restriction for Parcels Designated with Assessor Parcel Numbers 022-050-027, 022-050-008, and 022-050-006 (collectively known as the Joseph Gallo Park) Pursuant to the Requirements of the Roberti-Z’berg-Harris Non-urbanized Area Need-Basis Grant Program for the Joseph Gallo Park Improvements Project. 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 9:35 p.m.

_________________________________ City Clerk of the City of Livingston

APPROVED: July 21, 2015

___________________________

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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