Approval of Minutes of Meeting Held on January 20, 2015.

Meeting Date: MARCH 03, 2015

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

A Closed Session/Regular Meeting of the Livingston City Council was held on January 20, 2015, in the City Council Chambers with Mayor Espinoza presiding.

CALL TO ORDER

Mayor Espinoza called the meeting to order at 6:00 p.m.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra

Council Member Jim Soria (Excused Absence)

Council Member Arturo Sicairos

Council Member David Mendoza (Excused Absence)

CITIZEN COMMENTS

Mayor Espinoza opened and subsequently closed Citizen Comments at 6:03 p.m. as there were no comments from the public.

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. 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 Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Unrepresented City Employees

4. Conference with Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiators: City Manager Jose Antonio Ramirez and

City Attorney Jose M. Sanchez

Employee Organizations: All Represented City Employees

5. Conference with Legal Counsel – Potential Litigation

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

Number of Cases: 1

REGULAR MEETING

Mayor Espinoza called the meeting to order at 7:00p.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 (Excused Absence)

Council Member Arturo Sicairos

Council Member David Mendoza

CLOSED SESSION ANNOUNCEMENTS

City Attorney Sanchez announced that during Closed Session, City Council voted to appoint Finance Director/Assistant City Manager Odilon Ortiz as Interim City Manager by a vote of 3-0 (Council Members Soria and Mendoza not in attendance).

CHANGES TO THE AGENDA

Mayor Pro-Tem Samra requested to pull Item #4 from the Consent Calendar for separate discussion.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Introduction and Swearing-in of new Police Dispatcher Veronica Bates by Chief

Ruben Chavez and City Clerk Tony Silva.

Police Chief Ruben Chavez introduced and City Clerk Tony Silva swore in new Police Dispatcher Veronica Bates. Dispatcher Bates thanked her family and friends for supporting her throughout her life. Police Chief Chavez said that he is very happy to have Ms. Bates join the Police Department.

2. Presentation of a plaque by Mayor Rodrigo Espinoza to out-going City Manager Jose Antonio Ramirez in recognition and appreciation for his service, dedication and accomplishments to the City of Livingston.

On behalf of the City Council, Mayor Rodrigo Espinoza awarded out-going City Manager Jose Antonio Ramirez a plaque of excellence for his service with the City of Livingston. Mayor Espinoza discussed the City Manager’s accomplishments and wished him well with his future endeavors.

City Manager Ramirez accepted the plaque and thanked City Council, staff, and the community of Livingston for embracing him while he worked in Livingston. He wished the City of Livingston the best of luck with its on-going projects and with its long term goals.

Mayor Pro-Tem Gurpal Samra thanked City Manager Ramirez for making Livingston a much better community than when he began working here.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Supervisor Pedrozo was not in attendance.

City Staff Announcements and Reports.

Police Chief Chavez discussed recent Police Department activities. In particular, he discussed the City’s upcoming SWAT Dog operation, which aims to encourage residents to register their dogs. In closing, Police Chief Chavez thanked City Manager Ramirez for his contributions to the City of Livingston and wished him good luck with his future endeavors.

City Engineer Mario Gouveia provided an update regarding the development of Gallo Park.

Mayor Espinoza asked if the restrooms will be installed on the eastern portion of Gallo Park.

City Engineer Gouveia replied that the restrooms will be installed on the western portion of the park. In addition to restrooms, Gallo Park will provide a shade structure and a play area for children.

Parks and Recreation Superintendent Jacquie Benoit announced that basketball registrations are currently being accepted. In addition, she thanked City Manager Ramirez for doing an outstanding job while he worked in Livingston.

City Manager Announcements and Reports.

City Manager Ramirez announced that he has a list of items that he would like to discuss with staff before he departs. In particular, he would like to discuss projects such as the City’s General Plan, sewer/water upgrades, AB1600, the City’s tax sharing agreement with the County, creating a Downtown Arts Committee, creating a 4th of July Committee, improving various wells, and updating planning fees.

Julio Valadez, Chair of the 4th of July Committee, announced that he would like the City to support the 4th of July Committee in the same way that it supports the Sweet Potato Festival Committee.

City Manager Ramirez announced that the Sweet Potato Festival Committee should renew its contracts with participating vendors. In addition, he clarified that the Sweet Potato Festival is administered by an outside committee. However, staff plays a critical role in facilitating the event.

Mayor Espinoza commended Mr. Valadez and the rest of the 4th of July Committee for their commitment to the community. He would like to evaluate the different ways that the City could support the 4th of July Committee.

City Council Members’ Announcements and Reports.

Nothing to report.

Mayor’s Announcements and Reports.

Mayor Espinoza announced that he, along with other local officials such as Planning Commissioner Warren Urnberg, attended the grand opening of AutoZone. Local media was also in attendance.

CITIZEN COMMENTS

Mayor Espinoza opened Citizen Comments at 7:34 p.m.

Former Mayor of Lathrop, Joseph “Chaka” Santos, commended City Manager Ramirez for his hard work and contributions. He is confident that City Manager Ramirez will have a positive future ahead of him.

Julio Valadez, P.O. Box 611, again urged the City Council to consider providing the 4th of July Committee with the same support that it provides to the Sweet Potato Festival Committee. In addition, he promoted upcoming local events, such as the Knights of Columbus Basketball Free Throw Competition and the annual Fish Fry at St. Jude’s Church (March 15th). In closing, he thanked City Manager Ramirez for his time in Livingston.

Katherine Schell-Rodriguez, P.O. Box 163, asked if City Council will open the Consent Calendar for separate discussion. In addition, she thanked City Manager Ramirez for his contributions and then she asked the community to be mindful of law enforcement in their efforts to protect the community.

Warren Urnberg, 1331 8th Street, thanked City Manager Ramirez for his contributions to the City of Livingston. He believes that City Manager Ramirez is one of the best City Managers to serve Livingston. Moreover, he urged City Council to consider implementing a time frame restriction during watering days. He also encouraged the City to consider donating Christmas trees (those found on the Court of Trees) to underserved families, after the trees have served their purpose.

Mayor Espinoza closed Citizen Comments at 7:47 p.m. as there were no further comments from the audience.

CONSENT CALENDAR

3. Waive the Second Reading and Adopt Ordinance No. 621, Amending the City’s Municipal Code by Adding Chapter 8-8 Prohibiting Unauthorized Entry into Waste Containers.

4. Waive the Second Reading and Adopt Ordinance No. 622, 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.

5. Resolution Approving a One (1) Year Memorandum of Understanding Between the City of Livingston and the AFSCME Public Works and Parks Employees Unit.

6. Approval of Warrant Register Dated January 15, 2015.

Council Member Mendoza pulled Consent Calendar Items #3 and #4 for separate discussion.

Mayor Espinoza opened Public Comments at 7:51 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked if staff could introduce Item #5.

Finance Director/Assistant City Manager Odi Ortiz replied that the MOU for Item #5 includes language about increasing the employee’s health insurance contributions and allowing employees to cash-out a maximum of 60 hours of vacation time per year.

Mayor Espinoza closed Public Comments 7:55 p.m. as there were no further comments from the audience.

Motion: M/S Samra/Sicairos to approve Consent Calendar Items #5 and #6. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Soria

3. Waive the Second Reading and Adopt Ordinance No. 621, Amending the City’s Municipal Code by Adding Chapter 8-8 Prohibiting Unauthorized Entry into Waste Containers.

Mayor Espinoza opened Public Comments 7:57 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked how citations would be enforced and collected.

Mayor Espinoza replied that violations would be treated the same as any other violation.

Julio Valadez, P.O Box 611, announced that people collecting cans or recyclables may not have the funds needed to pay for their citation. He believes that the punishment may be too harsh for the crime.

Mayor Espinoza replied that the new regulations actually downgrade unauthorized rummaging from a misdemeanor to an infraction.

Mario Mendoza, 1421 Brandy Court, announced that this new procedure could be ineffective and an inefficient usage of staff time.

Luis Flores, 707 Almondwood Drive, asked if the Police Department has received complaints about this issue.

Mayor Espinoza replied that he was unsure of the exact number of complaints.

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

Council Member Mendoza motioned to reject Consent Calendar Item #3. The motioned failed due to a lack of a second motion.

Motion: M/S Samra/Sicairos to Waive the Second Reading and Adopt Ordinance No. 621, Amending the City’s Municipal Code by Adding Chapter 8-8 Prohibiting Unauthorized Entry into Waste Containers. The motion carried 3-1 by the following roll call vote:

AYES: Council Members: Sicairos, Samra, Espinoza

NOES: Council Members: Mendoza

ABSENT: Council Members: Soria

4. Waive the Second Reading and Adopt Ordinance No. 622, 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.

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

Katherine Schell-Rodriguez, P.O. Box 163, announced that smoke shops would be limited to the City’s Downtown Commercial Zone, with Conditional Use Permit (CUP) approval, and that this use would not qualify for consideration in the Highway Commercial Zone. She then asked how a CUP application functions.

City Attorney Sanchez replied that a CUP is a type of permit that is commonly used by various jurisdictions throughout the country. Examples of conditions that could be imposed on a project include, limiting the business’ hours of operation, requiring additional security, signage restrictions, etc. If a CUP is violated, it may be revoked.

Ralph Mull, 1445 First Street, urged the City Council to consider how children will be affected by smoke shops.

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

Mayor Pro-Tem Samra asked if this ordinance could be modified.

City Attorney Sanchez replied that the City Council could adopt a motion with specific language directing Planning staff to make adjustments to the ordinance for Planning Commission review.

Motion: M/S Samra/Sicairos to Waive the Second Reading and Adopt Ordinance No. 622, 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, the Addition of Section 5-5-13 under Specific Use Regulations, and to direct Planning staff to provide amendments to the Planning Commission. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Soria

DISCUSSION AND POTENTIAL ACTION ITEMS

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

Parks and Recreation Superintendent Jacquie Benoit introduced this item. She expressed extreme difficulty in recruiting Commission members.

Mayor Espinoza opened this item for Public Comments 8:14 p.m.

Julio Valadez, P.O. Box 611, announced that the roles/goals of the Parks and Recreation Commission should be clarified and perhaps revised.

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

City Attorney Sanchez replied that additional research would have to be conducted to answer this question.

Mayor Espinoza closed Public Comments 8:32 p.m. as there were no further comments from the audience.

Council Member Sicairos recommended that the Parks and Recreation Department consider recruiting high school students over the age of 18.

Mayor Pro-Tem Samra added that high school students could use their experience with the Commission to produce a college application that is highly competitive.

The City Council directed the Parks and Recreation Department to continue the recruitment process for a period of 30 days.

8. City Council Accept and Authorize Sweeper Truck Repairs Quote from Ry-Den Truck Center, Inc.

Assistant City Manager/Finance Director Ortiz introduced this item.

Mayor Espinoza asked if Foster Farms could loan their street sweeper to the City.

Assistant City Manager/Finance Director Ortiz replied that staff has reached out to Foster Farms, but has not heard back from them.

Mayor Espinoza opened and subsequently closed Public Comments at 8:41 p.m., as there were no comments from the audience.

Motion: M/S Sicairos/Samra that the City Council Accept and Authorize the Sweeper Truck Repairs Quote from Ry-Den Truck Center, Inc. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Soria

9. Approve a Supply Capacity of 2,000 gpm for Well No. 17.

City Engineer Gouveia introduced this item.

Mayor Espinoza opened Public Comments at 8:46 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked if the requested funds also consider the cost of replacing the media. She also asked how this project will be funded.

City Engineer Gouveia replied that two thirds of the costs for this project were budgeted by the City Council. The requested funds do include the cost of replacing the media.

Mayor Espinoza closed Public Comments at 8:48 p.m. as there were no further comments from the audience.

Motion: M/S Sicairos/Samra Approve a Supply Capacity of 2,000 gpm for Well No. 17. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Soria

10. Approve a Purchase of Sand Filtration Equipment for Wells No. 9 and 11B.

City Manager Ramirez said that because of the drought, Well 9 and 11 started to experience sand in the distribution system, impacting Foster Farms, the user. Sand separator was installed, but fine sand was getting through. To address fine sand, a filtration system will have to be installed to separate 80 micron.

Mayor Espinoza opened Public Comments at 8:55 p.m.

Warren Urnberg, 1331 8th Street, asked if the filtration system will impact the impellers.

City Engineer Gouveia replied that there will be little to no impact on the impellers.

Katherine Schell-Rodriguez, P.O. Box 163, asked if City staff has the ability to install this system.

City Engineer Gouveia replied that this project will most likely have to be outsourced.

Council Member Sicairos asked how long the system would last.

City Engineer Gouveia replied that that the system should last between twenty and thirty years.

Motion: M/S Sicairos/ Mendoza to Approve a Purchase of Sand Filtration Equipment for Wells No. 9 and 11B. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Soria

11. Discussion and Possible Action – Potential Incompatibility of Offices by Planning Commissioner Serving as Both a City Planning Commissioner and a Livingston Union School District Board Member.

City Attorney Sanchez introduced this item. City Attorney Sanchez announced that he and Planning Commission Chairperson Luis Flores discussed the potential repercussions of running for school board membership prior to the election.

Planning Commission Chairperson Luis Flores announced that he would like to stay on the Planning Commission. He mentioned that he could abstain from items that may conflict with the interest of the school board.

Mayor Pro-Tem Samra announced that in the past, a school board member was advised not to apply for the Planning Commission due to potential conflict of interest.

Council Member Mendoza asked for examples of potential conflicts of interest.

City Attorney Sanchez replied that taking action on a Planning Commission item on property owned by the school district would be considered an example of conflict of interest.

Council Member Sicairos announced that Luis Flores is doing a great job fulfilling his duties as the Planning Commission Chairperson. However, he is concerned about the legal ramifications of serving a commission and a board within the same jurisdiction.

Mayor Espinoza opened Public Comments at 9:11 p.m.

Luis Flores announced that he is aware of the Brown Act and issues regarding conflict of interest.

Council Member Sicairos asked if the school board/school district is concerned about him serving on the City’s Planning Commission.

Luis Flores replied that the school board/school district has no concerns about this.

Joseph Santos, no address given, announced that Luis Flores should consider how being dismissed from the Planning Commission would impact his career.

Julio Valadez, P.O. Box 611, urged the City Council to support Luis Flores.

Mayor Espinoza closed Public Comments at 9:24 p.m. as there were no further comments from the audience.

No action was taken on this item.

ADJOURNMENT

The meeting was adjourned by consensus at 9:27 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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