3 Approval of Minutes of Meeting Held on February 3, 2015.

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Meeting Date MAY 05, 2015

Agenda Item #3. Approval of Minutes of Meeting Held on February 3, 2015.

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

FEBRUARY 3, 2015

A Closed Session/Regular Meeting of the Livingston City Council was held on February 3, 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

Council Member Jim Soria (Late Attendance)

Council Member Arturo Sicairos (Late Attendance)

Council Member David Mendoza

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

CLOSED SESSION

Mayor Espinoza opened the meeting for public comments at 6:09 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. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager

City Manager Recruitment

3. Conference with Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiator: Interim City Manager Odi Ortiz

Employee Organizations: All Represented City Employees

REGULAR MEETING

Mayor Espinoza called the meeting to order at 7:03 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

No reportable action was taken.

CHANGES TO THE AGENDA

Mayor Espinoza announced that Item #11 will be continued so staff may conduct additional research.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Mayor Rodrigo Espinoza – Presentation of Key to the City plaques to members of

Grupo Musical Los Kinos for their continuous contributions to the Livingston community.

Mayor Espinoza introduced Los Kinos and talked about some of their musical success (which dates back to the 1980’s). The Kinos accepted the key to the City and thanked the City Council for their commitment to improving the community. The Kinos mentioned that they proudly announce that they are from Livingston when they perform in Mexico or the United States. They are humbled by this award and they will continue to give back to the community.

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 on February 29, 2015, at the Livingston City Council Chambers. She invited the community to attend.

City Staff Announcements and Reports.

Police Chief Ruben Chavez gave a power point presentation regarding burglary statistics, animal control, and gang sweeps. In addition, Police Chief Chavez mentioned that a criminal was recently apprehended during an attempt to burglarize Dollar General. Police Chief Chavez thanked Corporal Villarreal and Officer Singh for addressing the situation before the criminal was able to take action.

Council Member Soria mentioned that a catalytic converter was stolen from his vehicle. He asked Police Chief Chavez if this is a common issue throughout the community.

Mayor Espinoza added that something similar happened to his vehicle.

Police Chief Chavez announced that an organized group from Stanislaus County has been involved in several vehicle thefts.

Council Member Soria asked if crime rates have increased due to the foggy season (as criminals are less visible).

Police Chief Chavez replied that fog plays a factor in these types of crimes. Criminals believe that it is more difficult to identify or find them in thick fog.

City Engineer Mario Gouveia announced that the construction for Joseph Gallo Park is coming along quickly. The project is on pace to be completed as expected.

City Manager Announcements and Reports.

Interim City Manager Odi Ortiz announced that Rancho San Miguel will host their grand opening on March 4th. This development will help the City in many ways which includes job creation, sales tax revenue, and property tax revenue. On another note, he plans to provide a mid-year budget review session within the next two months.

City Council Members’ Announcements and Reports.

Council Member Soria announced that he is excited about the grand openings for Rancho San Miguel, AutoZone, and CVS. He is happy about the goods and services that these businesses will provide for the community, in addition to the jobs that they will generate.

Mayor’s Announcements and Reports.

Mayor Espinoza discussed the process for issuing permits for safe and sane firework vendors. The proposed system will include the Council making two discretionary selections and randomly selecting three vendors.

CITIZEN COMMENTS

Mayor Espinoza opened Citizen Comments at 7:24 p.m.

Mario Mendoza, 1421 Brandy Court, wished previous Planning Commission Chairperson Luis Flores good luck with his future endeavors.

Mayor Espinoza closed Citizen Comments at 7:25 p.m. as there were no further comments from the audience.

CONSENT CALENDAR

2. Report on United Front Security and Patrol Security Company Seeking a Business License.

3. Approval of Minutes of Meeting Held on December 16, 2014.

4. Approval of Warrant Register Dated January 29, 2015.

City Council came to the consensus that additional information regarding Warrant #81596, from Item #4, should be provided before taking action on it.

Motion: M/S Samra/Soria to approve the Consent Calendar, except for Warrant #81596 from Item #4, as Council would like staff to provide additional information about this warrant. 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

5. Resolution 2015-3 Appointing Odilon Ortiz as Interim City Manager and Approving a Second Amendment to the Employment Agreement between the City of Livingston and Odilon Ortiz.

This item was introduced by City Attorney Sanchez. He noted that Interim City Manager Ortiz would serve in this position until a new City Manager is hired. Interim City Manager Ortiz will see additional responsibilities to his current duties as Finance Director and for that he will receive additional compensation.

Mayor Espinoza commended Interim City Manager Ortiz for providing great services during stressful economic times. In particular, he believes that Mr. Ortiz showed great leadership when he voluntarily took furlough days a few years ago.

Council Member Soria believes that it is fair to provide Interim City Manager Ortiz with additional compensation, as his job duties will increase.

Motion: M/S Soria/Espinoza to adopt Resolution 2015-3 Appointing Odilon Ortiz as Interim City Manager and Approving a Second Amendment to the Employment Agreement between the City of Livingston and Odilon Ortiz. 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

6. Resolution 2015-4 Approving the First Amendment and Restatement to Agreement for Employment between the City of Livingston and Ruben Chavez for the Position of Police Chief.

This item was introduced by Interim City Manager Odi Ortiz. He mentioned that Police Chief Chavez has done a great job addressing the needs of the community.

Mayor Espinoza opened and subsequently closed Public Comments at 7:37 p.m. as there were no comments from the audience.

City Attorney Sanchez noted that Police Chief Chavez has agreed to changes in his contract regarding future concessions with certain stipulations.

Council Member Soria is proud of the work that Police Chief Chavez has provided since he started working in Livingston.

Mayor Pro-Tem Samra announced that Police Chief Chavez goes above and beyond what is required of him by providing extensive community outreach at churches and temples.

Motion: M/S Soria/Espinoza to adopt Resolution 2015-4 Approving the First Amendment and Restatement to Agreement for Employment between the City of Livingston and Ruben Chavez for the Position of Police Chief. 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

7. Vacancies and Appointments to the Livingston Planning Commission.

Planning Director Holly Owen introduced this item. She announced that Planning Commission Chairperson Luis Flores has resigned from his position. This results in two vacancies on the Planning Commission. Two people have submitted applications to fill said positions (Mario Mendoza and Adanan Bath).

Mayor Espinoza noted that candidate Mario Mendoza is the brother of Council Member David Mendoza. He asked the City Attorney if re-appointing Mario Mendoza to the Planning Commission would result in a conflict of interest.

City Attorney Sanchez replied that conflict of interest is not an issue because Council Member Mendoza will obtain financial benefits.

Mayor Espinoza opened Public Comments at 7:43 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, suggested that the City should be mindful of nepotism.

Mayor Espinoza closed Public Comments at 7:44 p.m. as there were no further comments from the audience.

Motion: M/S Espinoza/Soria for Council to appoint Adanan Bath and re-appoint Mario Mendoza to the Livingston Planning Commission. 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

Mr. Bath was appointed to a four-year term ending on December 31, 2018. Mr. Mendoza was re-appointed to the Planning Commission to fill the unexpired term of Planning Commissioner Luis Flores, who resigned, which expires on December 31, 2015.

8. Council Accept and Authorize Temporary Outsourcing of City’s Street Sweeping Services with Gilton Solid Waste.

Interim City Manager Ortiz introduced this item.

Mayor Pro-Tem Samra left the Council Chambers at 7:53 p.m.

Council Member Soria asked if this contract would be temporary.

Interim City Manager Ortiz replied yes. One of the benefits of awarding this contract to Gilton Solid Waste is that they are familiar with the City’s street network.

Motion: M/S Soria/Sicairos for Council to Accept and Authorize Temporary Outsourcing of City’s Street Sweeping Services with Gilton Solid Waste. 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

9. Discussion Regarding Changes to the DTC Zone.

Planning Director Owen introduced this item. She discussed issues regarding legal-non conforming residential uses in the DTC Zone. To an extent, the City’s Municipal Code limits expansion/rehabilitation of residential uses and residential structures in the DTC Zone and instead, it encourages commercial uses.

Although no formal changes are being made today to the DTC Zone, City Attorney Sanchez recommended that property owners within the affected area be notified if future changes are to be considered to the existing land use policy.

Mayor Espinoza suggested that the DTC Zone be reduced to a realistic size. This will limit the number of affected residential properties.

Mayor Espinoza opened and subsequently closed Public Comments at 8:01 p.m. as there were no comments from the audience.

No action was taken on this item.

10. Discussion Item: Consideration of Changing the City Logo Slogan from “The Last Stop” to “Sweet Potato Capital of the World.”

Mayor Espinoza introduced this item. He believes that the City’s slogan should be modernized.

Police Chief Chavez announced that last fall the Discovery Channel had a special episode discussing Livingston’s sweet potato production. He believes that the proposed slogan would be appropriate for the City.

Mayor Pro-Tem Samra concurred with Police Chief Chavez and Mayor Espinoza. In addition he suggested that the City consider updating its logo.

No action was taken on this item.

11. Discussion Item: Twelve Acres of Industrial Land at the Max Foster Sports Complex.

This item was postponed to a subsequent meeting to conduct additional research.

ADJOURNMENT

The meeting was adjourned by consensus at 8:05 p.m.

_________________________________ City Clerk of the City of Livingston

APPROVED: May 5, 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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