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

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MEETING MINUTES

CLOSED SESSION/REGULAR/SPECIAL MEETING

LIVINGSTON CITY COUNCIL

MAY 5, 2015

A Closed Session/Regular/Special Meeting of the Livingston City Council was held on May 5, 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

Council Member Jim Soria

Council Member Arturo Sicairos

Council Member David Mendoza (Excused Absence)

Mayor Espinoza opened and subsequently closed Citizen Comments at 6:09 p.m. as there were no comments from the audience.

CLOSED SESSION

Mayor Espinoza opened the meeting for public comments at 6:10 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 7:03 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 (Excused Absence)

CLOSED SESSION ANNOUNCEMENTS

No reportable action was taken.

CHANGES TO THE AGENDA

None.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

None.

City Staff Announcements and Reports.

None.

City Manager Announcements and Reports.

Interim City Manager Ortiz spoke about upcoming engineering projects and discussed loan opportunities for home buyers.

City Council Members’ Announcements and Reports.

None.

Mayor’s Announcements and Reports.

Mayor Espinoza asked the community to be mindful about water conservation during this drought. In addition, he mentioned that he may not attend the next City Council meeting.

CITIZEN COMMENTS

Mayor Espinoza opened Citizen Comments at 7:05 p.m.

Katherine Schell-Rodriquez, P.O. Box 163, asked if Foster Farms will enter into an MOU to install a sand separator for Well #14.

City Attorney Sanchez replied that an MOU may need to be executed.

Eldini De Jesus, representing the Livingston Pentecost Club, mentioned that last year her organization had an issue with the 4th of July Festival. The 4th of July festival demands so much parking that it makes it difficult for them to have their event. She would like the City to make street closures to accommodate their parking needs.

Danny Lesto, security officer for the Livingston Pentecost Club, mentioned that this is important so Police and Fire can access their site during emergencies.

Colette Alvernaz, P.O. Box 255, recently attended a meeting about water conservation. She is concerned about water availability in the Central Valley. Various farmers could go bankrupt. This is a serious issue that affects employment. She concluded her comments by providing a prayer.

Mayor Pro-Tem Samra believes that other cities may not understand the process of farming or comprehend how food production is impacted by the drought.

Mayor Espinoza closed Citizen Comments at 7:17 p.m., as there were no further comments from the audience.

CONSENT CALENDAR

1. Resolution No. 2015-22 Accepting Completion of the Well No. 8 Wellhead Treatment, Authorizing the City Clerk to Record a Notice of Completion with Merced County, and Authorizing the Interim City Manager to Release Payment and Performance Bonds and Make Final Payment of Retention Monies to Conco West, Inc.

2. City Council Authorization for the Sale of Surplus Vehicles and Property.

3. Approval of Minutes of Meeting Held on February 3, 2015.

4. Approval of Minutes of Meeting Held on February 17, 2015.

5. Approval of Minutes of Meeting Held on March 3, 2015.

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

7. Approval of Warrant Register Dated April 30, 2015.

Mayor Espinoza opened and closed Public Comments for the Consent Calendar at 7:19 p.m., as no questions were raised.

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

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

NOES: Council Members: None

ABSENT: Council Members: Mendoza

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Urgency Ordinance No. 623 Amending the City Municipal Code Sections 9-5-71 and 9-5-72 Related to Water Conservation and Resolution Declaring a Drought Emergency and Implementing Mandatory Measures/Water Use Restrictions.

City Attorney Sanchez introduced this item. This is an urgency ordinance that normally requires several readings, but may go into effect immediately. This item is in regards to the Governor’s Executive Order that requires a twenty-five percent reduction in water consumption relative to 2013. The City has done a commendable job at managing water consumption and is on pace to meet the State’s goal. The ordinance would change two sections of the City’s Municipal Code, one regarding watering days and the other regarding watering hours.

Mayor Pro-Tem Samra asked Alternate City Engineer Alfonso Manrique to explain the section pertaining to car washing for commercial purposes and not for residential purposes.

Alternate City Engineer Manrique explained that this resolution has been updated to clarify the City’s policy about car washing. This item is being presented to meet the State’s benchmark. In addition, he identified a modification to Section 9-7-71, as leaks shall be fixed within 48 hours and not 72 hours. Notices will be provided in English, Punjabi, and Spanish. In addition, Alternate City Engineer Manrique spoke about the citation process.

Mayor Espinoza opened Public Comments at 7:30 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked how the City’s largest water consumer, Foster Farms, plans on reducing water usage. In addition, she asked how “watering toys” such as water slides and pools would be regulated.

City Attorney Sanchez replied that the City contacted Foster Farms to discuss water conservation strategies. Foster Farms recently installed water reduction equipment (for hoses, nozzles, etc.) and will take additional measures to move forward.

Alternate City Engineer Manrique added that Foster Farms is considering a water recycling system.

Mayor Espinoza mentioned that inflatable toys may be addressed with this item, with added language.

City Attorney Sanchez replied that this item is the first step of a larger plan. Staff is working on an Urban Water Management Plan to address other things like swimming pools. The water management plan will be dependent on the severity of the drought and the effectiveness of current water reduction plans.

Warren Urnberg, 1331 8th Street, suggested that envelopes containing information about watering days be marked to show the importance of the information.

Colette Alvernaz, P.O. Box 255, mentioned that the City currently has an Urban Water Management Plan from 2005 that can be adopted by the City Manager.

City Attorney Sanchez replied that an updated water plan should be prepared to satisfy the Water Board’s recommendations, address the severity of this drought, and options for current water management strategies.

Alternate City Engineer Manrique noted that previous water conservation plans are basic, outdated, and do not capture the urgency of this statewide drought.

Mayor Espinoza closed Public Comments at 7:46 p.m., as there were no further comments from the audience.

Council Member Soria asked how violation fees are being justified. He believes they are excessive, given the average income in Livingston.

Mayor Pro-Tem Samra suggested that the following amounts be the citation fees; first offense results in a warning, second offense results in a fine of $50, third offense results in a fine of $100, fourth offense, along with additional offenses, results in a fine of $500. In addition, Mayor Pro-Tem Samra mentioned that he is concerned that this ordinance is going into effect immediately without proper notification to the community.

Interim City Manager Ortiz replied that the City will do its best to promote the City’s citation policy by making announcements at schools, churches, and by sending notices to all residents.

Council Member Sicairos suggested that the City notify the community by placing informative banners throughout town.

City Attorney Sanchez added that the City could add a section stating that the Ordinance shall go into effect at later date (after notifications have been mailed to residents).

Motion: M/S Soria/Espinoza to adopt Urgency Ordinance No. 623 Amending the City Municipal Code Sections 9-5-71 and 9-5-72 Related to Water Conservation and Resolution No. 2015-23 Proclaiming a Local Drought Emergency and Implementing Mandatory Water Use Restrictions and Rescinding Resolution No. 2014-01. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Mendoza

9. Appointment of Alternate Representative to the San Joaquin Valley Special City Selection Committee.

Mayor Espinoza introduced this item.

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

Motion: M/S Samra/Soria to Appoint Council Member Sicairos as the Alternate Representative to the San Joaquin Valley Special City Selection Committee. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Mendoza

10. Accept Resignation of Regular Planning Commissioner Francisco Castellanos; Appoint Alternate Planning Commissioner Francisco Mendoza-Gonzalez to Fill the Vacancy; and Advertise for an Alternate Member.

City Contract Planner Randy Hatch introduced this item.

Mayor Espinoza opened and closed Public Comments at 8:13 p.m., as there were no comments from the audience.

Motion: M/S Espinoza/Soria to accept the resignation of Regular Planning Commissioner Francisco Castellanos; adopt Resolution No. 2015-24 appointing Alternate Planning Commissioner Francisco Mendoza-Gonzalez to fill the vacancy; and to advertise for an Alternate Member. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Mendoza

11. Fiscal Year 2015-2016 Budget Presentation: Workshop #1 – General Fund and Enterprise Fund Operations.

Interim City Manager Ortiz gave a presentation on the 2015-2016 Budget, specifically the General Fund and Enterprise Fund operations.

Mayor Espinoza opened Public Comments at 8:33 p.m.

Katherine Schell Rodriguez, P.O. Box 163, asked when the City receives sales taxes and property taxes.

Interim City Manager Ortiz replied that 70% of revenue is collected during the last few months of the fiscal year. Property taxes are generally collected in January and May.

Colette Alvernaz, P.O. Box 255, asked for information about pension liabilities.

Interim City Manager Ortiz answered her question.

Mayor Espinoza closed Public Comments at 8:43 p.m. as there were no further comments from the audience.

ADJOURNMENT

The meeting was adjourned by consensus at 8:45 p.m.

SPECIAL MEETING

CALL TO ORDER

Mayor Espinoza called the meeting to order at 8:47 p.m.

DISCUSSION AND POTENTIAL ACTION ITEMS

1. Accept Resignation of Council Member David Mendoza and Provide Staff Direction on How to Fill the Vacancy.

City Attorney Sanchez introduced the item. He said that he received an email from Council Member David Mendoza stating that he was resigning from the City Council, effective April 30, 2015, as he was going to move out of town temporarily due to personal reasons.

City Attorney Sanchez explained that to serve on the City Council one must be a resident of Livingston. Because Council Member Mendoza will be residing in a different jurisdiction, he will no longer serve on the Council, which leaves a vacancy that should be filled. He explained there are a few options to fill the vacancy, which include having a special election or having the Council appoint a new member. The first option would cost the City several thousand dollars. City Attorney Sanchez concluded by explaining the eligibility requirements to serve on the City Council.

Mayor Espinoza thanked Council Member Mendoza for committing time to the City. Moreover, he believes it is unnecessary for the City to pay several thousand dollars for a special election.

Council Member Sicairos thanked Council Member Mendoza for his service. He thinks it is best to fill the vacancy as quickly as possible.

Mayor Pro-tem Samra wished Council Member Mendoza the very best and said he would like staff to advertise the vacancy as soon as possible.

Mayor Espinoza opened and closed Public Comments at 8:54 p.m. as there were no comments from the audience.

The City Council directed staff to advertise the vacant position on the City Council.

ADJOURNMENT

The Special Meeting was adjourned by consensus at 8:56 p.m.

________________________________

City Clerk of the City of Livingston

APPROVED: July 21, 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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