Approval of Minutes of Meeting Held on January 6, 2015.

Meeting Date: MARCH 03, 2015

3. Approval of Minutes of Meeting Held on January 06, 2015.

Note from TheGardeningSnail: Parts of this page may have been prepared by running a PDF Image Document through a program which converts image to text. My apologies for any Textual Gremlins that may have slipped in. Copy of the Original can be found on the City’s Website. I may also broken up some of the longer paragraphs for ease of reading and/or highlighted items of special interest.

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

JANUARY 6, 2015

A Closed Session/Regular Meeting of the Livingston City Council was held on January 6, 2015, in the City Council Chambers with Mayor Espinoza presiding.

CALL TO ORDER

Mayor Espinoza called the meeting to order at 6:13 p.m.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra

Council Member Jim Soria (Late Attendance)

Council Member Arturo Sicairos

Council Member David Mendoza

Mayor Espinoza opened and subsequently closed Citizen Comments at 6:15 p.m. as there were no comments from the public.

CLOSED SESSION

Mayor Espinoza opened the meeting for public comments at 6:16 p.m. There were no comments and the Council went into Closed Session immediately thereafter to discuss the following matters:

1. Public Employee Appointment

(Government Code Section 54957)

Title: Interim City Manager

2. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager

City Manager Recruitment

3. Conference with Real Property Negotiator

(Government Code Section 54956.8)

Property: APN: 024-011-016, Olive Avenue

APN: 023-100-049, Burgundy Drive

Negotiating Party: City Manager

4. 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 7:14 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

None.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Supervisor Pedrozo wished the community a happy new year.

City Staff Announcements and Reports.

Police Chief Ruben Chavez discussed recent police related activities and statistics. Compared to the year of 2012, annual crime totals have decreased from 438 to 296. Regarding recent crimes, last month there were seven burglaries in town. There was a major burglary at Quick Stop, but the criminals were apprehended near Fresno.

Planning Director Holly Owen announced that the City recently received a business license application from someone who wants to open a spiritual healing clinic. This use is not addressed in the current zoning code, but it is considered a common use in other jurisdictions.

City Engineer Mario Gouveia announced that the construction for Gallo Park is expected to begin sometime soon. In addition, the City is considering installing a wheelchair ramp near the intersection of F Street and Hammatt Avenue. This project may be completed internally by the Public Works Department or go out for bid to a private construction company.

Mayor Espinoza asked if there were any updates regarding the City’s downtown revitalization plans, specifically pertaining to the roundabout at the intersection of Main Street and B Street.

City Engineer Gouveia announced that MCAG has scheduled this project for 2016/17, but staff would like to expedite the project to this fiscal year.

Merced County Sheriff’s Sergeant Ray Framstad announced that his department is currently hosting thirteen trainees. Most of the training will take place in Fresno.

City Manager Announcements and Reports.

City Manager Ramirez announced that he will be leaving the City of Livingston to live closer to his family near Fresno. However, he will work with staff to ensure that there is a smooth transition for the next City Manager.

City Council Members’ Announcements and Reports.

Council Member Sicairos thanked City Manager Ramirez for his hard work and contributions. He also thanked Parks and Recreation Superintendent Jacquie Benoit for organizing the Christmas Parade.

Council Member Soria wished everyone a happy new year. He thanked City staff for organizing a successful Christmas Parade. He thanked the City’s police officers for helping with Kops for Kids. He closed his announcement by wishing City Manager Ramirez the best of luck with his future endeavors.

Mayor Pro-Tem Samra thanked City Manager Ramirez for his commitment to improving the City’s water quality and water quantity.

Mayor’s Announcements and Reports.

Mayor Espinoza thanked City Manager Ramirez for his service and wished him the best of luck

with his future endeavors.

PUBLIC HEARINGS

1. Introduce and Waive the First Reading of an Ordinance Amending the City’s Municipal Code by Adding Chapter 8-8 Prohibiting Unauthorized Entry into Waste Containers.

City Attorney Sanchez announced that this item is in regards to an ordinance. The City has received complaints from residents about outsiders rummaging through trash. This is a sanitary concern as well as a concern about protecting private/sensitive information. The Livingston Municipal Code currently includes an ordinance regarding rummaging which results in a misdemeanor.

Mayor Espinoza thanked City Attorney Sanchez for introducing this item. This issue has been brought to his attention several times over the last few years. Some people feel violated when outsiders rummage through their waste.

Mayor Espinoza opened Public Comments at 7:45 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked for the definition of an “unauthorized user” and if the Police Department would be required to have a warrant to examine people’s waste.

City Attorney Sanchez replied that unauthorized access is established when someone does not have consent from a resident. If a police officer needs to go through someone’s trash, they will ask for permission.

Mayor Espinoza closed Public Comments at 7:45 p.m. as there were no further comments from the audience.

Council Member Mendoza questioned whether this ordinance is necessary. In addition, he asked how much it would cost to draft this ordinance.

City Attorney Sanchez replied that the cost of drafting this ordinance was fairly low because the ordinance contains a lot of standard language.

Mayor Pro-Tem Samra announced that people in the audience would support this ordinance.

Motion: M/S Samra/Soria to Introduce and Waive the First Reading of an Ordinance Amending the City’s Municipal Code by Adding Chapter 8-8 Prohibiting Unauthorized Entry into Waste Containers. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Mendoza

ABSENT: Council Members: None

2. Introduce and Waive the First Reading of Ordinance No.621 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 5, Zoning Regulations: Sections 5-2-3, 5-2-4, 5-3-15, Tables 3 and 4, and the Addition of Section 5-5-13 under Specific Use Regulations.

Planning Director Holly Owen introduced this item. She announced that this item is related to smoke shops. Last year, a moratorium was imposed on smoke shops to conduct additional research on how it can impact the community. The Planning Commission recently reviewed this item and they recommended allowing smoke shops in the Central Commercial Zone and Light Industrial Zone with Conditional Use Permit approval.

City Attorney Sanchez announced that minors would not be allowed to enter the premise of a smoke shop.

Mayor Espinoza opened Public Comments 8:00 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked if a boxing club is considered a youth oriented organization.

City Attorney Sanchez announced that his determination would require an interpretation of facts and that he would need statistical information about the boxing club (regarding participants).

Mario Mendoza, 1421 Brandy Court, announced that rejecting the Planning Commission’s recommendation would result in adverse effects on the local economy.

Mayor Espinoza closed Public Comments 8:10 p.m. as there were no further comments from the audience.

Council Member Sicairos announced that he drove by a smoke shop in Turlock and saw advertisements outside their window depicting marijuana leafs. He believes that this is not a good image for the City.

Planning Director Owen announced that a sign permit would be required for signage.

Mayor Pro-Tem Samra does not support the use of smoke shops because of the paraphernalia sold in them (which could be used for illegal drugs).

Council Member Mendoza announced that the products sold in smokes shops are commonly sold in convenience markets and gas stations throughout town.

Sergeant Framstad replied that smoke shops tend to sell unregulated drugs and drug paraphernalia not found in convenience markets or gas stations.

Planning Director Owen announced that a Conditional Use Permit could impose many regulations on a smoke shop.

Motion: M/S Samra/Espinoza to Introduce and Waive the First Reading of Ordinance No.621 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 5, Zoning Regulations: Sections 5-2-4, 5-2-4, 5-3-15, Tables 3 and 4, and the Addition of Section 5-5-13 under Specific Use Regulations, with deleting the reference to the Downtown Commercial Zone in tables, charts, and text. The motion failed 2-3 by the following roll call vote:

AYES: Council Members: Samra, Espinoza

NOES: Council Members: Sicairos, Mendoza, Soria

ABSENT: Council Members: None

Motion: M/S Mendoza/Sicairos to Introduce and Waive the First Reading of Ordinance No.621 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 5, Zoning Regulations: Sections 5-2-3, 5-2-4, 5-3-15, Tables 3 and 4, and the Addition of Section 5-5-13 under Specific Use Regulations. The motion passed 3-2 by the following roll call vote:

AYES: Council Members: Sicairos, Mendoza, Espinoza

NOES: Council Members: Soria, Samra

ABSENT: Council Members: None

CITIZEN COMMENTS

Mayor Espinoza opened Citizen Comments at 8:24 p.m.

Katherine Schell Rodriguez, P.O. Box 163, asked if there was reportable action out of Closed Session.

Mayor Espinoza replied no.

Ms. Schell-Rodriguez asked for updates concerning the legal dispute between California River Watch and the City of Livingston. There appears to have been an agreement between California River Watch and the City of Livingston. She asked if the City Council could disclose the details of said agreement.

City Attorney Sanchez replied that this item can be reviewed with a public records request.

Mario Mendoza, 1421 Brandy Court, wished everyone a happy new year and he said that it is unfortunate that City Manager Ramirez will no longer work here.

Luis Flores, 707 Almondwood Drive, announced that it is unfortunate that City Manager Ramirez is leaving. City Manager Ramirez is well regarded by many dignitaries throughout the state. He wishes him good luck with his future endeavors. He also announced that there will be a celebration honoring the 40th Anniversary of the arrival of the Hmong population in the Central Valley. The celebration will be on Saturday, January 24th, at Merced College.

Mayor Espinoza closed Citizen Comments at 8:29 p.m., as there were further comments from the public.

CONSENT CALENDAR

3. Approval of Minutes of Meeting Held on November 13, 2014.

4. Approval of Minutes of Meeting Held on December 2, 2014.

Invocation-Pastor Bill Ruth did the invocation.-Needed to be corrected.**Amended.

5. Approval of Warrant Register Dated December 30, 2014.

Motion: M/S Samra/Sicairos to approve the Consent Calendar. 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

6. Discussion – Installation of Speed Bumps Throughout the City and Related Costs.

Mayor Espinoza introduced this item. He announced that there have been inquires about installing speed bumps throughout town.

Mayor Pro-Tem Samra announced that the City needs to define what constitutes the need for a speed bump.

City Engineer Gouveia replied that a methodology would have to be established before installing a speed bump. This could include conducting a speed survey or reviewing locations that have frequent vehicular accidents (as reported by the Police Department).

City Manager Ramirez discussed the technical aspects of speed bumps and the cost associated with various options.

Mayor Pro-Tem Samra questioned the impacts that a speed bump could have on an emergency vehicle.

City Engineer Gouveia replied that this is an issue that would need to be discussed with the Fire Department.

Mayor Espinoza opened and subsequently closed Public Comments at 8:40 p.m. as there were no comments from the audience.

No action was taken on this item.

ADJOURNMENT

The meeting was adjourned by consensus at 8:43 p.m.

_______________________________

City Clerk of the City of Livingston

APPROVED: March 3, 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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