3 Approval of Minutes of Meeting held on December 1, 2015.

Meeting Date: January 19, 2016

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

DECEMBER 1, 2015

A Closed Session/Regular Meeting of the Livingston City Council was held on December 1, 2015, in the City Council Chambers with Mayor Espinoza presiding.

CALL TO ORDER

Mayor Espinoza called the meeting to order at 6:06 p.m.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra (Excused Absence)

Council Member Jim Soria (Excused Absence)

Council Member Arturo Sicairos

Council Member Alex McCabe

Mayor Espinoza opened and subsequently closed Citizen Comments at 6:08 p.m. as there were no comments from the public.

CLOSED SESSION

Mayor Espinoza opened the meeting for public comments at 6:10 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

(Government Code Section 54957.6)

Labor Negotiator: City Manager Eddie Duque

All Unrepresented City Employees

2.  Conference with Legal Counsel – Potential Litigation

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

Number of Cases: 3

REGULAR MEETING

Mayor Espinoza called the meeting to order at 7:41 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra (Excused Absence)

Council Member Jim Soria (Excused Absence)

Council Member Arturo Sicairos

Council Member Alex McCabe

CLOSED SESSION ANNOUNCEMENTS

No reportable action was taken.

CHANGES TO THE AGENDA

Item No. 8 was moved-up in the agenda to be discussed after “Announcements and Reports.”

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Supervisor Pedrozo’s Administrative Assistant, Grethel Croasdale, announced that Supervisor Pedrozo will be hosting a Town Hall Meeting at the Livingston City Council Chambers on February 24, 2016.

Council Member McCabe asked how the event will be advertised.

Administrative Assistant Croasdale replied that notifications will be included with water bills and banners will be posted throughout town.

Council Member McCabe mentioned that the Chamber of Commerce can distribute door hangers to all residences for $100.

City Staff Announcements and Reports.

Cal Fire Captain, David Scheurich, made himself available for questions and provided updates on his department. There were 142 incidents reported to the Livingston Fire Station for the month of November. This year’s number of incidents total 1,397, some of which occurred within the County’s jurisdiction and others outside the County.

Police Chief Chavez provided a PowerPoint presentation discussing burglary statistics, gang arrests, and animal control statistics. In addition, he mentioned that four officers assisted UC Merced Police during a recent stabbing incident that made national headlines. Their assistance was well received and appreciated. In closing, Police Chief Chavez mentioned that Police Explorer Scouts went on a trip to Disneyland to celebrate their hard work throughout the year. The trip was funded by money raised throughout the year.

Mayor Espinoza announced that truckers are parking at Rancho San Miguel. He asked if this is permitted.

Police Chief Chavez replied that it depends on the City’s land use policies. Under most circumstances one cannot park a commercial grade trailer on private property. One obvious exception being the Travel Centers of America on Winton Parkway.

City Manager Announcements and Reports.

City Manager Duque announced that the Christmas Parade will take place in Downtown Livingston in early December. He invited the entire community to attend. Moreover, City Manager Duque mentioned that repairs were completed on Well #12. In closing, City Manager Duque thanked Livingston Union School District Superintendent Andres Zamora for having his staff clean the vacant lot located west of Campus Park Elementary School.

City Council Members’ Announcements and Reports.

None.

Mayor’s Announcements and Reports.

Mayor Espinoza invited the community to attend the Livingston Christmas Parade.

DISCUSSION AND POTENTIAL ACTION ITEMS

8. City Council Accept the City of Livingston Independent Auditor’s Report and Financial Statements Dated June 30, 2015 and City of Livingston Local Transportation Development Act Fund – Independent Auditor’s Report and Financial Statements Dated June 30, 2015.

City Auditor Bryant Jolley announced that the City’s finances have improved greatly over the past few years. He mentioned that the General Fund increased during the past year by approximately $800,000 and that the Enterprise Funds increased by approximately $1,000,000. .

Mayor Espinoza opened Public Comments at 8:04 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked how much of the TCP settlement funds are reflected in this report.

Auditor Jolley replied that the majority of the Water Operating Fund consists of TCP settlement funds.

City Attorney Sanchez noted that TCP settlement funds could legally go into another account (such as the General Fund). However, City Council elected to use those funds to address TCP issues.

Mayor Espinoza closed Public Comments at 8:08 p.m., as there were no further comments from the public.

Motion: M/S Sicairos/McCabe that the City Council to Accept the City of Livingston Independent Auditor’s Report and Financial Statements Dated June 30, 2015 and City of Livingston Local Transportation Development Act Fund – Independent Auditor’s Report and Financial Statements Dated June 30, 2015. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: McCabe, Sicairos, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Soria, Samra

CITIZEN COMMENTS

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

Warren Urnberg, 1331 8th Street, announced that the speed bumps at Rancho San Miguel are unusually high and could be dangerous for emergency vehicles.

Mayor Espinoza closed Citizen Comments at 8:11 p.m., as there were no further comments from the public.

CONSENT CALENDAR

1. Waive the Second Reading and Adopt Ordinance No. 625 of the City Council of the City of

Livingston Adding Chapter 12 to Title 9 of the Livingston Municipal Code Related to Storm Water Quality Management Pursuant to State Water Resources Control Board Order No. 2013-0001-DWQ, Federal Clean Water Act and California Porter-Cologne Act.

2.  Resolution No. 2015-51 Designating the City of Livingston Fire Station as a Safe Surrender Baby Site.

3. Denial of Claim for Damages from Rita Stinson.

4. Approval of Minutes of Meeting Held on October 20, 2015.

5. Approval of Warrant Register Dated October 28, 2015.

6. Approval of Warrant Register Dated November 12, 2015.

7. Approval of Warrant Register Dated November 25, 2015.

Motion: M/S Sicairos/McCabe to approve the Consent Calendar. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: McCabe, Sicairos, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Soria, Samra

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Resolution No. 2015-52 Authorizing the City Manager to Execute a Professional Services Agreement with MintierHarnish to Prepare the Housing Element Update to the Livingston General Plan and Authorize up to $44,500 to be Allocated for that Purpose.

Contract City Planner Hatch introduced this item. On October 20th, the City Council selected MintierHarnish to update the City’s Housing Element. This item asks for additional funds (an additional 20%) to pay unexpected expenses.

Mayor Espinoza opened Public Comments at 8:18 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked if this project will also address the State’s new flood planning requirements.

Contract City Planner Hatch replied that flood planning requirements have been changed from 100 year to 200 years. These funds could be used to also revise the flood planning.

Mayor Espinoza closed Public Comments at 8:22 p.m., as there were no further comments from the public.

Motion: M/S Sicairos/McCabe to adopt Resolution No. 2015-52 Authorizing the City Manager to Execute a Professional Services Agreement with MintierHarnish to Prepare the Housing Element Update to the Livingston General Plan and Authorize up to $44,500 to be Allocated for that Purpose. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: McCabe, Sicairos, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Soria, Samra

Mayor Espinoza announced that he received a letter from the State showing that most residents in California don’t have flood insurance. With the potential of El Nino coming this winter, flood insurance should be attained to prevent financial hardships.

10. Resolution No. 2015-53 Approving the Installation of SCADA Panels by Best Electric at City’s Domestic Wastewater Treatment Plant and Five Lift Stations.

Assistant City Engineer Martinez and Finance Director Ortiz introduced this item. The upgrades shown on the staff report are needed for operating purposes. The proposal from Tesco Instrument should be considered because they are familiar with the City’s water infrastructure.

City Manager Duque added that this item is only for the installation portion of upgrading the system.

Mayor Espinoza opened and closed Public Comments at 8:27 p.m., as there were no comments from the public.

Motion: M/S McCabe/Sicairos to adopt Resolution No. 2015-53 Approving the Installation of SCADA Panels by Best Electric at the City’s Domestic Wastewater Treatment Plant and Five Lift Stations. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: McCabe, Sicairos, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Soria, Samra

ADJOURNMENT

The meeting was adjourned by consensus at approximately 8:28 p.m.

__________________________________

City Clerk of the City of Livingston

APPROVED: January 19, 2016

_____________________________

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.