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

Meeting Date December 01, 2015

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

OCTOBER 20, 2015

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

CALL TO ORDER

Mayor Espinoza called the meeting to order at 6:08 p.m.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra (Excused Absence)

Council Member Jim Soria (Excused Absence)

Council Member Arturo Sicairos

Council Member Alex McCabe

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

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 – Existing Litigation

(Government Code Section 54956.9(d)(1))

Name of Case: Fernandes et al v. City of Livingston

Merced County Superior Court

Case No. 15CV-02417

2. Conference with Legal Counsel – Potential Litigation

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

Number of Cases: 3

3. Conference with Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiator: City Attorney Jose M. Sanchez

Employee Organizations: OE3 Police Supervisory Employees Association.

REGULAR MEETING

Mayor Espinoza called the meeting to order at 7:30 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 (Excused Absence)

Council Member Arturo Sicairos

Council Member Alex McCabe

CLOSED SESSION ANNOUNCEMENTS

No reportable action was taken.

CHANGES TO THE AGENDA

Item No. 10 will be moved-up in the agenda and discussed after Announcements and Reports.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Supervisor Pedrozo welcomed Livingston’s new City Manager, Eddie Duque. Supervisor Pedrozo mentioned that the City of Livingston and Merced County are currently working on a new tax sharing agreement. He looks forward to working with City Manager Duque on these matters.

Mayor Espinoza welcomed City Manager Eddie Duque. He asked City Manager Duque to introduce himself.

City Manager Duque introduced himself. He mentioned that he was recently working for the City of Santa Ana. However, he is originally from Salinas, California, and is very familiar with the Central Valley and its rich agricultural history. He thanked his family for supporting him.

City Staff Announcements and Reports.

Chris Reneau, Engineer at the Livingston Fire Station, reported that the fire station received forty-three calls from the community last month. Two calls were in regards to motor vehicle accidents and one call was in regards to a structure fire. The Fire Department will conduct several fire inspections at local schools throughout the next few months.

City Engineer Gouveia announced that Well #13 is currently going through commissioning. This project is ahead of schedule by several months.

Police Chief Chavez highlighted some activities from the Wellness Committee of the City of Livingston. The committee is currently selling t-shirts to raise awareness for breast cancer month (October) and t-shirts to raise awareness for prostate cancer month (November). Moreover, burglary crimes have increased in September, with a total of 17 cases. Many of these burglaries are committed by repeat offenders. Foster Farms Restaurant and Mountain Mikes were recently burglarized. The Speedy Bandits were responsible for those two burglaries and they were recently apprehended in Elk Grove. In other news, the Livingston Police Department is hosting a dog vaccination clinic on Saturday, November 7, 2015, at Memorial Park from 9:30 a.m. to 11:00 a.m.

Moreover, Police Chief Chavez talked about recent community events. The Police Department assisted with both the Foster Farms Safety Fair and the Livingston Sweet Potato Festival. Police Chief Chavez played a video of the Police Color Guard at the Oakland Raiders season opener. MAPS took a field trip to the San Francisco Exploratorium. Police Department staff was present at the Central Valley Honor Flight veteran’s farewell ceremony.

In closing, Chief Chavez provided an update on recently purchased body cameras and dashboard cameras. Recordings are property of the Police Department and may be retained for a period of 180 days. Chief Chavez closed his presentation by providing a video showing the use of both the dash and body cameras.

Mayor Espinoza thanked the Police Department for assisting at the Sweet Potato Festival and for patrolling the perimeter of the festival during the event. Their presence made the community feel much safer.

Council Member McCabe congratulated Police Chief Chavez for earning a distinguished alumni award from San Jose State University.

Recreation Superintended Benoit announced that the City is accepting entries for the Christmas Parade. The City will also host the second annual Court of Trees this year. Moreover, the City will be taking registrations for youth basketball on October 31st and November 7th.

Mayor Espinoza mentioned that Irene and Luis De La Cruz are good candidates to be the Grand Marshalls at the City’s Christmas Parade. Irene and Luis De La Cruz organize the Downtown Open Market and other local community events.

City Clerk Silva welcomed City Manager Eddie Duque. Moreover, a few months ago the City was concerned about the condition of Joseph Gallo Park, but the park is now in good condition. The groundskeeper should be commended for this.

City Manager Announcements and Reports.

City Manager Duque thanked the City staff and volunteers who participated at the Sweet Potato Festival. The annual street fair is coming to an end, but the City will work hard to improve lighting in the Downtown (where the street fair is held) and to recruit more vendors. In other news, there have been many concerns about scams. Should the City need information from residents, they will request it in a professional manner. Should residents receive confusing calls from people claiming to be from the City, they should contact City Hall for confirmation.

City Council Members’ Announcements and Reports.

Council Member McCabe recently attended the League of California Cities Conference. The event was educational and productive. Moreover, the City of Livingston is one of the few cities in the County that is free of the West Nile virus. He thanked all those that make Livingston a safe and sanitary community.

Council Member Sicairos thanked the Recreation Department for hosting the Sweet Potato Festival. He welcomed City Manager Eddie Duque.

Mayor’s Announcements and Reports.

Mayor Espinoza announced that the City recently received a letter from a city in China that wants to be sister cities with Livingston. The City will look into these matters further and consider accepting this request. The City is currently working on being sister cities with Zapotlanejo, Jalisco, Mexico.

DISCUSSION AND POTENTIAL ACTION ITEMS

10. Proclamation Declaring October 2015 as Filipino American History Month.

Mayor Espinoza presented a proclamation to members of the Central Valley Filipino National Historic Society. Said members accepted the proclamation.

Motion: M/S McCabe/Sicairos to approve a Proclamation Declaring October 2015 as Filipino American History Month. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: McCabe, Sicairos, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Soria, Samra

CITIZEN COMMENTS

Mayor Espinoza opened Citizen Comments at 8:18 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, welcomed City Manager Duque. She had the following questions:

1) When will the RFP for the Downtown Beautification project be ready?

2) Will there be recruitment for the position of Public Works Director?

3) What will happen with the Regional Transportation Impact Fee (RTIF)?

4) What is the status of decommissioning the old waste water treatment plant by Foster Farms?

City Manager Duque replied that he is aware of the decommissioning process and expects to obtain additional information soon. RTIF is currently being analyzed and reviewed by staff. Recruitment for the position of Public Works Director will be based on need. After that is determined, the City will actively recruit for the position.

Mayor Espinoza closed Citizen Comments at 8:23 p.m., as there were no further comments from the public.

CONSENT CALENDAR

1. Waive the Second Reading and Adopt Ordinance No. 624 of the City Council of the City of Livingston Amending Title 4, “Building Regulations,” to Add Chapter 8, “Small Residential Solar Energy System Review Process,” to the Livingston Municipal Code Relating to Expedited Permitting Procedures for Small Residential Rooftop Solar Systems.

2. Resolution No. 2015-49 Approving a Memorandum of Understanding between the City of Livingston and the Livingston Police Supervisory Unit for the Period of July 1, 2015 through June 30, 2018.

3. Resolution No. 2015-50 – Third Amendment to the Employment Agreement between the City of Livingston and Odilon Ortiz, Returning Mr. Ortiz to his Position as Assistant City Manager/Finance Director.

4. Approval of Minutes of Meeting Held on August 4, 2015.

5. Approval of Minutes of Meeting Held on August 18, 2015.

6. Approval of Minutes of Meeting Held on September 1, 2015.

7. Approval of Minutes of Meeting Held on September 15, 2015.

8. Approval of Warrant Register Dated October 1, 2015.

9. Approval of Warrant Register Dated October 14, 2015.

Motion: M/S Sicairos/McCabe to approve the Consent Calendar. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: McCabe, Sicairos, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Soria, Samra

DISCUSSION AND POTENTIAL ACTION ITEMS

11. Selection of a Consultant to Prepare the Housing Element to the Livingston General Plan and Authorize the City Manager to Negotiate the Agreement.

Contract City Planner Hatch introduced this item. He discussed the recruitment process and the interview process for the qualified firms that were considered to prepare the City’s Housing Element.

Mayor Espinoza opened Public Comments at 8:31 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked City Planner Hatch to elaborate on the Flood Safety component and Disadvantaged Unincorporated Community component that may be added to this project.

City Planner Hatch replied that the City needs to plan for a 200-year flood plan, as required by the State. The Disadvantaged Communities component requires a study to identify disadvantaged unincorporated communities near Livingston.

Mayor Espinoza closed Public Comments at 8:33 p.m., as there were no further comments from the public.

Motion: M/S Sicairos/McCabe to select Mintier-Harnish to Prepare the Housing Element to the Livingston General Plan and Authorize the City Manager to Negotiate the Agreement. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: McCabe, Sicairos, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Soria, Samra

12. Re-introduce and Waive the First Reading of Ordinance 625 Urban Water Quality Management and Authorize the City Manager to Certify that City of Livingston has Legal Authority to Comply with the Requirements of the California Water Resources Control Board’s Order No. 2013-0001-DWQ.

Noe Martinez from the City Engineer’s Office introduced this item.

Mayor Espinoza opened Public Comments at 8:38 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked what type of violations may happen in Livingston.

Noe Martinez replied that there are two types of violations that may occur, civil and criminal. Typical violations include dumping oils into the City’s storm drain system.

Mayor Espinoza closed Public Comments at 8:41 p.m., as there were no further comments from the public.

Motion: M/S Sicairos/McCabe to Re-introduce and Waive the First Reading of Ordinance 625 Urban Water Quality Management. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: McCabe, Sicairos, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Soria, Samra

Motion: M/S Sicairos/McCabe to Authorize the City Manager to Certify that City of Livingston has Legal Authority to Comply with the Requirements of the California Water Resources Control Board’s Order No. 2013-0001-DWQ. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: McCabe, Sicairos, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Soria, Samra

ADJOURNMENT

The meeting was adjourned by consensus at approximately 8:43 p.m.

__________________________________ City Clerk of the City of Livingston

APPROVED: November 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.