4 Approval of Minutes of Meeting Held on July 07, 2015

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

JULY 7, 2015

A Closed Session/Regular Meeting of the Livingston City Council was held on July 7, 2015, in the City Council Chambers with Mayor Espinoza presiding.

CALL TO ORDER

Mayor Espinoza called the meeting to order at 6:09 p.m.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra (Late Attendance: 6:20 p.m.)

Council Member Jim Soria

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.

1. Appointment of City Attorney as Labor Negotiator for Closed Session Item No. 3.

Motion: M/S Sicairos/McCabe to appoint the City Attorney as Labor Negotiator for Closed Session Item No. 3. The motion carried 4-0-1 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Samra

CLOSED SESSION

Mayor Espinoza opened the meeting for public comments at 6:12 p.m. There were no comments and the Council went into Closed Session immediately thereafter to discuss the following matters:

2. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager Recruitment

3. Conference with Labor Negotiator: City Attorney Jose M. Sanchez

Unrepresented Employee: City Manager

(Government Code Section 54957.6)

4. Conference with Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiator: Interim City Manager Odi Ortiz

Employee Organizations: All Represented and

Unrepresented 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 Alex McCabe

CLOSED SESSION ANNOUNCEMENTS

Closed session will continue after the regular meeting.

CHANGES TO THE AGENDA

None.

AWARDS, PRESENTATIONS AND PROCLAMATIONS

1. Presentation by Mayor Espinoza: Plaque and Key to the City and the Government Body from Zapotlanejo, Jalisco, Mexico.

Mayor Espinoza introduced this item. Mayor Espinoza and Police Chief Chavez provided plaques, pins, and banners to Government Officials from Zapotlanejo, Jalisco, Mexico.

The City Council welcomed the officials.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Supervisor Pedrozo announced that the County recently adopted an emergency water distribution plan which may provide potable water to County residents with dry wells.

City Staff Announcements and Reports.

Police Chief Chavez gave a PowerPoint presentation regarding animal control, gang enforcement, body cameras, and theft statistics. He concluded his presentation by thanking the police officers and the police explorer scouts who assisted during the 4th of July Festival.

Mayor Espinoza thanked the Police Department for working on the 4th of July.

Police Chief Chavez announced that illegal fireworks resulted in two fires. The fires were put-out by the safety divisions.

City Engineer Gouveia gave a presentation on Engineering Department activities. He mentioned that Well #14 should be completed in August. In addition, the design work for Well #17 is nearing completion. Furthermore, downtown improvement projects should go out for bid by mid-August.

Mayor Pro-Tem Samra asked how much money is being spent on water-related projects.

City Engineer Gouveia provided the following estimates:

· Well #13=$2,000,000.00 for treatment.

· Well #17=$2,200,000.00 for drilling and miscellaneous work.

· Wells #14 and #8=$1,000,000.00 for water blending connections.

Mayor Pro-Tem Samra mentioned that these figures justify water rate increases.

Mayor Pro-Tem Samra asked what department is responsible for traffic lights. The traffic lights near Winton Parkway may need to be adjusted.

City Engineer Gouveia replied that traffic light maintenance is outsourced.

City Manager Announcements and Reports.

Interim City Manager Ortiz reported that the new City budget may be presented sometime this summer. Moreover, the 4th of July Festival was a success and did well financially.

City Council Members’ Announcements and Reports.

Council Member McCabe reported that he recently started a program that transitions gang members out of their gang environment. This program targets young adults between the ages of 18 and 25.

Council Member Sicairos thanked the Police Department and the 4th of July Committee for working at the 4th of July Festival. Moreover, he announced that this Saturday is the last day to register children for soccer.

Council Member Soria and Mayor Pro-Tem Samra thanked the Police Department and the 4th of July Committee for their services.

Mayor’s Announcements and Reports.

Mayor Espinoza thanked the Police Department and 4th of July Committee for their services. He received suggestions from the community about the 4th July Festival regarding the high cost of food and water and a need for additional bathrooms.

PUBLIC HEARINGS

2.  Proceedings under the 1972 Landscape and Lighting Act, California Streets and Highways Code 22500, et. seq.: for the Approval to Levy Annual Assessments for the Citywide Consolidated Landscape Maintenance Assessment District No. 1, Confirming Assessments for Fiscal Year 2015/2016.

City Attorney Sanchez explained that Council Member Sicairos and Council Member Soria will recues themselves from the next two items because they live close to the subject sites.

Interim City Manager Ortiz introduced this item.

Mayor Espinoza opened and closed the Public Hearing at 8:19 p.m., as there were no comments from the public.

Motion: M/S Samra/McCabe to adopt Resolution No. 2015-31 relating to Proceedings under the 1972 Landscape and Lighting Act, California Streets and Highways Code 22500, et. seq.: for the Approval to Levy Annual Assessments for the Citywide Consolidated Landscape Maintenance Assessment District No. 1 and Confirming Assessments for Fiscal Year 2015/2016. The motion carried 3-0-0-2 by the following roll call vote:

AYES: Council Members: McCabe, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: None.

ABSTAIN: Council Members: Sicairos, Soria

City Attorney Sanchez noted that Mayor Pro-Tem Samra made a minor error in his motion. He corrected his intent to the language shown in the motion above

3.  Proceedings under the Benefit Assessment Act of 1982, Government Code Section 547003, et. seq.: for the Approval to Levy Annual Assessments for the Livingston Benefit Assessment Districts, Confirming Assessments for Fiscal Year 2015/2016.

Interim City Manager Ortiz introduced this item.

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

Motion: M/S Samra/McCabe to adopt Resolution No. 2015-32, relating to Proceedings under the Benefit Assessment Act of 1982, Government Code Section 547003, et. seq.: for the Approval to Levy Annual Assessments for the Livingston Benefit Assessment Districts and Confirming Assessments for Fiscal Year 2015/2016. The motion carried 3-0-0-2 by the following roll call vote:

AYES: Council Members: McCabe, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: None.

ABSTAIN: Council Members: Sicairos, Soria

CITIZEN COMMENTS

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

Katherine Schell-Rodriguez, P.O. Box 163, welcomed the Government Officials from Mexico who are present at this meeting and thanked the Police Explorer Scouts for being active members of the community. She proceeded by asking the following questions:

1. Can residents’ power wash their home?

2. Is the City complying with the State’s requirements for water reductions? Will the City enforce tighter restrictions?

3. Has the City started the IRWIN plan? If not, when?

4. What is the status for the search for a new City Manager?

5. Does the City have a Public Works Supervisor or Director?

Interim City Manager Ortiz replied that the first question requires additional research and that the City has a Public Works Director.

City Attorney Sanchez added that the City is doing well at reducing water consumption, but additional water restrictions may be imposed if the State deems necessary. In addition, he replied that the City is in the process of interviewing candidates for the position of City Manager.

Julio Valadez, Chairman of the 4th of July Committee, thanked the Police Department, HYLC, Public Works Department, and the Parks & Recreation Department for assisting during the 4th of July Festival. However, he believes that the City could provide additional support by donating $10,000 for next year’s show.

Council Member McCabe thanked the 4th of July Committee and said he would support them in some manner.

Joseph Santos, former Mayor of Lathrop, hopes that the City and the 4th of July Committee work together to organize next year’s festival.

Tony Silva, City Clerk thanked the 4th of July Committee for organizing a successful festival.

Mayor Espinoza closed Citizen Comments at 8:47 p.m., as there were no further comments from the public.

CONSENT CALENDAR

4. Resolution #2015-33 Approving a Professional Audit Service Agreement with Bryant L. Jolly, CPA.

5. Resolution #2015-34 Authorizing the Interim City Manager to File a Regional Surface Transportation Program (RSTP) Estimate Exchange Fund Claim Form for Fiscal Year 2014/2015.

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

The Council pulled a few warrants from Item #6, until additional research is provided.

Motion: M/S Espinoza/Soria to approve the consent calendar, except for warrants #82549, #82637, and #82565, from Item #6. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Resolution #2015-35 Supporting the Altamont Corridor Express (ACE) Train Expansion to Stanislaus County.

Virginia Madueno, introduced this item and discussed some of the benefits (e.g., social/economical) of extending the ACE train from the Bay Area to the Central Valley.

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

Motion: M/S McCabe/Soria to adopt Resolution No. 2015-35 Supporting the Altamont Corridor Express (ACE) Train Expansion to Stanislaus County. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

8. Resolution No. 2015-36 Consider Appointment of Alternate Planning Commissioner.

Contract City Planner Hatch introduced this item.

Mayor Espinoza opened and closed Public Comments at 9:16 p.m., as there were no comments from the public.

Applicant Robert Wallis introduced himself and talked about some of his qualifications.

Motion: M/S Soria/McCabe to adopt Resolution No. 2015-36 Appointing Robert Wallis as an Alternate Planning Commissioner. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

9. Designate Voting Delegate and Alternate for League of California Cities Annual Conference.

Interim City Manager Ortiz introduced this item.

Mayor Espinoza opened and closed Public Comments at 9:18 p.m., as there were no comments from the public.

Motion: M/S Samra/McCabe to Designate Mayor Espinoza to be the Voting Delegate for the League of California Cities Annual Conference, with the alternate being Council Member McCabe, and the third alternate being City Attorney Sanchez. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CLOSED SESSION (Continued)

The City Council returned to Closed Session at approximately 9:20 p.m.

OPEN SESSION

The City Council came out of Closed Session and into Open Session at 9:50 p.m.

ADJOURNMENT

The meeting was adjourned by consensus at approximately 9:52 p.m.

_____________________________________

Deputy City Clerk of the City of Livingston

APPROVED: September 1, 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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