6 Approval of Minutes of Meeting Held on March 17, 2015.

Meeting Date: May 05, 2015

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

MARCH 17, 2015

A Closed Session/Regular Meeting of the Livingston City Council was held on March 17, 2015, in the City Council Chambers with Mayor Espinoza presiding.

CALL TO ORDER

Mayor Espinoza called the meeting to order at 6:07 p.m.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra (Excused Absence)

Council Member Jim Soria

Council Member Arturo Sicairos

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: 1

2. 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 7:04 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra (Excused Absence)

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 was not in attendance.

City Staff Announcements and Reports.

Police Chief Ruben Chavez gave a power point presentation regarding burglary statistics, animal control, and gang sweeps.

City Manager Announcements and Reports.

Interim City Manager Odi Ortiz announced that the City is sponsoring the Downtown Open Market. This weekly event will take place on Main Street every Thursday between May and October. The community is more than welcome to attend.

City Council Members’ Announcements and Reports.

None.

Mayor’s Announcements and Reports.

Mayor Espinoza announced that he recently attended a water leadership conference in Palm Springs. The conference focused on drought related topics and there were various discussions about the ways that local government can engage in water conservation.

CITIZEN COMMENTS

Mayor Espinoza opened Citizen Comments at 7:13 p.m.

Warren Urnberg, 1331 8th Street, recommends that the City impose more rigid watering restrictions. For example, the City could reduce watering days from three days to two days out of the week and in addition impose specific watering hours.

Interim City Manager Ortiz replied that he will attend a meeting on March 27th to discuss water conservation at the local-government level. Reducing watering days and hours would be one approach.

Mayor Espinoza added that the City Code Enforcement official may take on the responsibility of enforcing citations.

Katherine Schell-Rodriguez, P.O. Box 163, asked questions regarding the City’s existing water capacity, water levels, and recent flooding at the Rite Aid parking lot.

City Clerk Tony Silva replied that he contacted Rite Aid and they are working on a flood management plan.

City Engineer Mario Gouveia replied that water capacity has not changed since discussing this last month. Water levels have declined between two and three feet since January, which is normal, even during non-drought years.

Mayor Espinoza closed Citizen Comments at 7:19 p.m. as there were no further comments from the audience.

CONSENT CALENDAR

1. Approval of Warrant Register Dated March 12, 2015.

Motion: M/S Sicairos/Soria to approve the Consent Calendar. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Samra

DISCUSSION AND POTENTIAL ACTION ITEMS

2. Resolution 2015-14 Accepting Completion of the Joseph Gallo Park Improvements and Authorizing the City Clerk to Record a Notice of Completion with Merced County.

City Engineer Mario Gouveia gave a power point presentation showing the various projects at Joseph Gallo Park, which includes installing shade structures, trash cans, concrete pads, trees, barbecue grills, playground equipment, restrooms, etc. The playground will be inspected by a private contractor who specializes in playground inspections.

Mayor Espinoza announced that the majority of funding came from a grant that was initially meant to restore the Court Theater.

Mayor Espinoza opened and closed Public Comments at 7:24 p.m. as there were no comments from the audience.

Motion: M/S Sicairos/Soria to adopt Resolution 2015-14 Accepting Completion of the Joseph Gallo Park Improvements and Authorizing the City Clerk to Record a Notice of Completion with Merced County. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Samra

3. Resolution 2015-15 Accepting Bid for City of Livingston Well #13 Arsenic Removal Treatment from TNT Industrial Contractors, Inc.

City Engineer Gouveia introduced this item.

Mayor Espinoza opened Public Comments at 7:26 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, announced that the staff report states that construction for this project will be financed by TCP funds until this project receives grants or loans from the State. She asked when the City expects to receive grants or loans from the State.

City Engineer Gouveia replied that the City expects the State to get back to them soon with no expected timeline.

Mayor Espinoza closed Public Comments at 7:30 p.m. as there were no further comments from the audience.

Motion: M/S Soria/Sicairos to adopt Resolution 2015-15 Accepting Bid for City of Livingston Well #13 Arsenic Removal Treatment from TNT Industrial Contractors, Inc. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Samra

4. Issuance of Permits to Sell Safe and Sane Fireworks.

Council Member Soria announced that he would abstain from voting because he coaches the Livingston Youth Football Team, a contending vendor for a fireworks stand.

Recreation Superintendent Jacquie Benoit discussed the selection process, which involves two discretionary selections from the City Council and three random selections.

City Attorney Jose Sanchez clarified that Livingston Youth Football cannot participate in the random selection process because of policy reasons, but can participate as a discretionary selection. Moreover, there is an issue with Knights of Columbus who were selected last year and submitted an application for a lottery pick and not for a discretionary pick as should have been done.

Mayor Espinoza opened Public Comments at 7:37 p.m.

Julio Valadez, P.O. Box 777, asked the City Council to consider selecting the Livingston 4th of July Committee because their event attracts large crowds to the City and helps boost the local economy.

Mayor Espinoza closed Public Comments at 7:40 p.m. as there were no further comments from the audience.

Motion: M/S Espinoza/Sicairos to Issue the 4th of July Committee a Permit to Sell Safe and Sane Fireworks. The motion carried 3-0-1-1 by the following roll call vote:

AYES: Council Members: Sicairos, Mendoza, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Samra

ABSTAIN: Council Members: Soria

Motion: M/S Espinoza/Sicairos to Issue Livingston Youth Football a Permit to Sell Safe and Sane Fireworks. The motion carried 3-0-1-1 by the following roll call vote:

AYES: Council Members: Sicairos, Mendoza, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Samra

ABSTAIN: Council Members: Soria

A member from the audience randomly selected the three vendors who were awarded permits to sell safe and sane fireworks, via the random selection process. The following vendors were selected:

First: LHS Band

Second: Church of the King

Third: Carlos Vieira Foundation

ADJOURNMENT

The meeting was adjourned by consensus at 7:48 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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