5 Approval of Minutes of Meeting Held on July 21, 2015.

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

JULY 21, 2015

A Closed Session/Regular Meeting of the Livingston City Council was held on July 21, 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 (Excused Absence)

Council Member Arturo Sicairos

Council Member Alex McCabe

Mayor Espinoza opened and subsequently closed Citizen Comments at 6:07 p.m. as there were no comments from the audience.

CLOSED SESSION

Mayor Espinoza opened the meeting for public comments at 6:08 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: City Attorney Jose M. Sanchez

Unrepresented Employee: City Manager

(Government Code Section 54957.6)

2. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager

3. 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 7:09 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 (Excused Absence)

Council Member Arturo Sicairos

Council Member Alex McCabe

CLOSED SESSION ANNOUNCEMENTS

No reportable action was taken.

CHANGES TO THE AGENDA

None.

AWARDS, PRESENTATIONS AND PROCLAMATIONS

1. Introduction of New Police Dispatcher Lydia Goes by Police Chief Ruben Chavez.

Police Chief Chavez introduced new Dispatcher Lydia Goes who graduated from both Gustine High School and the University of California, Merced, where she earned a grade point average of 4.0 at both institutions. Dispatcher Goes’ family was in attendance.

2. Presentation by Octavio Valencia, Program Coordinator, Merced-Mariposa United Way, 211 Information and Referral Service Program.

Program Coordinator Octavio Valencia from United Way gave a presentation on the 211 Information and Referral Service Program that is used for screening people in crisis who need financial, social, and psychological support. Funding for this program is provided by United Way, HAS, and the Public Health Department.

3. Presentation by Dennis Mueller, CTO / VP American Solar Utility LLC, Update on Energy Efficient Lighting Project to Include Retrofitting of Existing City Street Lights and Possible Solar Project.

Representative for American Solar Utility, Dennis Mueller, introduced this item and mentioned that the street light portion of this program will be reviewed by the City Council in August.

CFO of American Solar Utility, Andrew Rumbo, gave a presentation regarding an energy assessment for the City of Livingston presenting locations for solar farms, financial incentives, and energy assessment recommendations.

City Attorney Sanchez mentioned that the City has the option to purchase, lease, or enter into a power purchase agreement for this system. This project is subject to CEQA review.

Council Member Sicairos had questions about costs.

CFO Rumbo replied that the system is designed to pay for itself with savings in costs.

Mayor Pro-Tem Samra announced that he supports this project, but is concerned about meeting the August agreement deadline.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

None.

City Staff Announcements and Reports.

Recreation Superintendent Benoit reported that over four-hundred children have been registered for the community soccer program. There is currently a need for coaches.

Police Chief Chavez gave a PowerPoint presentation about crime rates, animal control, gang enforcement and upcoming CEASE field trips. National Night Out will be on August 4, 2015, and this year the Police Department will conduct neighborhood visits to three different neighborhoods.

City Manager Announcements and Reports.

Interim City Manager Ortiz announced that the City will be audited in August.

City Council Members’ Announcements and Reports.

Council Member McCabe mentioned that he is working with various organizations to celebrate Mexican Independence Day in Livingston. Moreover, the adult gang transition program continues to grow and succeed.

Mayor Pro-Tem Samra thanked City staff for making sacrifices during difficult economic times. He is content that the City came to agreements with some labor unions.

Mayor’s Announcements and Reports.

Mayor Espinoza thanked City staff for their contributions and commitment to the City.

CITIZEN COMMENTS

Mayor Espinoza opened Citizen Comments at 8:10 p.m.

Director of the Livingston Community Health Center, Emilia Johnson, mentioned that her organization will host a back to school fair in Atwater on Saturday, August 8^th, where they will provide raffles and fundraisers to raise money for scholarships for high school students studying medicine.

Mayor Espinoza closed Citizen Comments at 8:12 p.m., as there were no further comments from the public.

CONSENT CALENDAR

4. Resolution No. 2015-37 Approving a Memorandum of Understanding between the City of Livingston and the Clerical Employees Association OE3 Unit for the Period of July 1, 2015 through June 30, 2018.

5. Resolution No. 2015-38 Approving a Memorandum of Understanding between the City of Livingston and the Livingston Police Officers’ Association (LPOA) OE3 Unit for the Period of July 1, 2015 through June 30, 2018.

6. Resolution No. 2015-39 Approving a Memorandum of Understanding between the City of Livingston and the Management and Confidential Employees Association Unit for the Period of July 1, 2015 through June 30, 2018.

7. Resolution No. 2015-40 Approving a Memorandum of Understanding between the City of Livingston and the Livingston Public Works and Parks AFSCME Association Unit for the Period of July 1, 2015 through June 30, 2018.

8. Approval of Minutes of Meeting Held on April 14, 2015.

9. Approval of Minutes of Meeting Held on April 21, 2015.

10. Approval of Minutes of Meeting Held on May 5, 2015.

11. Approval of Minutes of Meeting Held on June 2, 2015.

12. Approval of Minutes of Meeting Held on June 9, 2015.

13. Approval of Warrant Register Dated July 16, 2015.

Interim City Manager Ortiz retracted Warrant #82806 from Item #13 for further review.

Mayor Espinoza opened and closed the Public Comments for the Consent Calendar at 8:16 p.m., as no questions were given.

Motion: M/S Samra/Sicairos to approve the Consent Calendar with the exemption of Warrant #82806 from Item #13. The motion carried 4-0-1 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Soria

DISCUSSION AND POTENTIAL ACTION ITEMS

14. Resolution No. 2015-41 Setting the City of Livingston’s Gann Appropriations Limit for the Fiscal Year 2015-2016.

Interim City Manager Ortiz introduced this item.

Mayor Espinoza opened and closed Public Comments at 8:30 p.m., as there were no comments from the public.

Motion: M/S Soria/Espinoza to adopt Resolution No. 2015-41 Setting the City of Livingston’s Gann Appropriations Limit for the Fiscal Year 2015-2016. The motion carried 4-0-1 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Soria

15. Resolution No. 2015-42 of the City Council of the City of Livingston Approving the City of Livingston Budget for Fiscal Year 2015-2016.

Interim City Manager Ortiz gave a PowerPoint presentation regarding various aspects of the City’s budget, such as expenditures (staff, overhead, retirement, etc.) and revenue streams (impact fees, property tax, sales tax, development fees, etc.).

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

Motion: M/S Samra/Sicairos to adopt Resolution No. 2015-42 of the City Council of the City of Livingston Approving the City of Livingston Budget for Fiscal Year 2015-2016. The motion carried 4-0-1 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Soria

16. Resolution No. 2015-43 Appointing Eddie Duque as City Manager, Approving a City Manager Employment Agreement between the City of Livingston and Eddie Duque for Service as City Manager and Setting Terms of Employment, Salary and Benefits

City Attorney Sanchez introduced this item. He spoke of Mr. Duque’s education and experience in both the private and public sector. Mr. Duque earned a Bachelor’s Degree from the University of California, Berkeley and a Master’s Degree from Harvard, and has decades of experience working in Southern California.

Mr. Duque introduced himself and his family. He discussed why he believes Livingston is a good fit for him and why he is interested in serving this community.

Mayor Pro-Tem Samra thanked everyone for working together during the recruitment process.

Mayor Espinoza opened and closed Public Comments at 8:43 p.m., as there were no comments from the public.

Motion: M/S McCabe/Espinoza to adopt Resolution No. 2015-43 Appointing Eddie Duque as City Manager, Approving a City Manager Employment Agreement between the City of Livingston and Eddie Duque for Service as City Manager and Setting Terms of Employment, Salary and Benefits. The motion carried 4-0-1 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Soria

ADJOURNMENT

The meeting was adjourned by consensus at 8:47 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.

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

JULY 21, 2015

A Closed Session/Regular Meeting of the Livingston City Council was held on July 21, 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 (Excused Absence)

Council Member Arturo Sicairos

Council Member Alex McCabe

Mayor Espinoza opened and subsequently closed Citizen Comments at 6:07 p.m. as there were no comments from the audience.

CLOSED SESSION

Mayor Espinoza opened the meeting for public comments at 6:08 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: City Attorney Jose M. Sanchez

Unrepresented Employee: City Manager

(Government Code Section 54957.6)

2. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager

3. 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 7:09 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 (Excused Absence)

Council Member Arturo Sicairos

Council Member Alex McCabe

CLOSED SESSION ANNOUNCEMENTS

No reportable action was taken.

CHANGES TO THE AGENDA

None.

AWARDS, PRESENTATIONS AND PROCLAMATIONS

1. Introduction of New Police Dispatcher Lydia Goes by Police Chief Ruben Chavez.

Police Chief Chavez introduced new Dispatcher Lydia Goes who graduated from both Gustine High School and the University of California, Merced, where she earned a grade point average of 4.0 at both institutions. Dispatcher Goes’ family was in attendance.

2. Presentation by Octavio Valencia, Program Coordinator, Merced-Mariposa United Way, 211 Information and Referral Service Program.

3. Presentation by Dennis Mueller, CTO / VP American Solar Utility LLC, Update on Energy Efficient Lighting Project to Include Retrofitting of Existing City Street Lights and Possible Solar Project.

Representative for American Solar Utility, Dennis Mueller, introduced this item and mentioned that the street light portion of this program will be reviewed by the City Council in August.

CFO of American Solar Utility, Andrew Rumbo, gave a presentation regarding an energy assessment for the City of Livingston presenting locations for solar farms, financial incentives, and energy assessment recommendations.

City Attorney Sanchez mentioned that the City has the option to purchase, lease, or enter into a power purchase agreement for this system. This project is subject to CEQA review.

Council Member Sicairos had questions about costs.

CFO Rumbo replied that the system is designed to pay for itself with savings in costs.

Mayor Pro-Tem Samra announced that he supports this project, but is concerned about meeting the August agreement deadline.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

None.

City Staff Announcements and Reports.

Recreation Superintendent Benoit reported that over four-hundred children have been registered for the community soccer program. There is currently a need for coaches.

Police Chief Chavez gave a PowerPoint presentation about crime rates, animal control, gang enforcement and upcoming CEASE field trips. National Night Out will be on August 4, 2015, and this year the Police Department will conduct neighborhood visits to three different neighborhoods.

City Manager Announcements and Reports.

Interim City Manager Ortiz announced that the City will be audited in August.

City Council Members’ Announcements and Reports.

Council Member McCabe mentioned that he is working with various organizations to celebrate Mexican Independence Day in Livingston. Moreover, the adult gang transition program continues to grow and succeed.

Mayor Pro-Tem Samra thanked City staff for making sacrifices during difficult economic times. He is content that the City came to agreements with some labor unions.

Mayor’s Announcements and Reports.

Mayor Espinoza thanked City staff for their contributions and commitment to the City.

CITIZEN COMMENTS

Mayor Espinoza opened Citizen Comments at 8:10 p.m.

Director of the Livingston Community Health Center, Emilia Johnson, mentioned that her organization will host a back to school fair in Atwater on Saturday, August 8th, where they will provide raffles and fundraisers to raise money for scholarships for high school students studying medicine.

Mayor Espinoza closed Citizen Comments at 8:12 p.m., as there were no further comments from the public.

CONSENT CALENDAR

4. Resolution No. 2015-37 Approving a Memorandum of Understanding between the City of Livingston and the Clerical Employees Association OE3 Unit for the Period of July 1, 2015 through June 30, 2018.

5. Resolution No. 2015-38 Approving a Memorandum of Understanding between the City of Livingston and the Livingston Police Officers’ Association (LPOA) OE3 Unit for the Period of July 1, 2015 through June 30, 2018.

6. Resolution No. 2015-39 Approving a Memorandum of Understanding between the City of Livingston and the Management and Confidential Employees Association Unit for the Period of July 1, 2015 through June 30, 2018.

7. Resolution No. 2015-40 Approving a Memorandum of Understanding between the City of Livingston and the Livingston Public Works and Parks AFSCME Association Unit for the Period of July 1, 2015 through June 30, 2018.

8. Approval of Minutes of Meeting Held on April 14, 2015.

9. Approval of Minutes of Meeting Held on April 21, 2015.

10. Approval of Minutes of Meeting Held on May 5, 2015.

11. Approval of Minutes of Meeting Held on June 2, 2015.

12. Approval of Minutes of Meeting Held on June 9, 2015.

13. Approval of Warrant Register Dated July 16, 2015.

Director of the Livingston Community Health Center, Emilia Johnson, mentioned that her organization will host a back to school fair in Atwater on Saturday, August 8^th, where they will provide raffles and fundraisers to raise money for scholarships for high school students studying medicine.