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

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Meeting Date: October 20, 2014

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

SEPTEMBER 15, 2015

A Closed Session/Regular Meeting of the Livingston City Council was held on September 15, 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 (Late Attendance)

Council Member Arturo Sicairos (Late Attendance)

Council Member Alex McCabe

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

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

(Government Code Section 54957.6)

Labor Negotiator: Jose M. Sanchez, City Attorney

Unrepresented Employee: City Manager

2. 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

3. Conference with Legal Counsel – Potential Litigation

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

Number of Cases: 1

4. Conference with Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiator: Interim City Manager Odi Ortiz

Employee Organizations: OE3 Police Supervisory Employees Association.

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

Council Member Jim Soria

Council Member Arturo Sicairos

Council Member Alex McCabe

CLOSED SESSION ANNOUNCEMENTS

No reportable action was taken.

CHANGES TO THE AGENDA

Consent Calendar Items No. 2 and No. 3 will be pulled from the Consent Calendar for separate discussion.

AWARDS, PRESENTATIONS AND PROCLAMATIONS

1. Introduction of Nancy Koerperich, Fire Chief, Madera, Merced, Mariposa Units by Mayor

Rodrigo Espinoza.

Fire Captain David Scheurich was present on behalf of Fire Chief Nancy Koerperich who could not attend the City Council meeting due to work-related matters. Fire Captain Scheurich provided updates regarding Fire Department activities. He mentioned that the Fire Department recently visited Campus Park and Yamoto Colony Elementary Schools to talk about fire safety.

Mayor Espinoza thanked the Fire Department for their service to the community.

Council Member Soria suggested including the Fire Department under the “Announcements and Reports” section of the City Council agenda.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Supervisor Pedrozo talked about the ongoing drought and how it affects farmers from Merced County. In addition, he mentioned that the Joint Powers Authority Rail Committee will meet this Friday in Merced County. He may attend this meeting. He invites the community to be involved in these matters.

Council Member McCabe thanked Supervisor Pedrozo for his update and asked him to advocate for Livingston and help the City get the ACE train station.

City Staff Announcements and Reports.

None.

City Manager Announcements and Reports.

Interim City Manager Ortiz announced that the Sweet Potato Festival will be held October 2nd through 4th at the Max Foster Sports Complex. Discounted carnival tickets are available at City Hall. Moreover, the City’s audit should be complete sometime soon.

City Council Members’ Announcements and Reports.

Council Member McCabe thanked Mayor Espinoza for attending last week’s Downtown Open Market to help educate the community about water conservation. In addition, Council Member McCabe mentioned that he has been in contact with a glass company from Nevada about bringing a factory to Livingston.

Mayor’s Announcements and Reports.

Mayor Espinoza thanked City staff for their hard work. In addition, he mentioned that the City should consider providing wireless internet for the Downtown area.

CITIZEN COMMENTS

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

CONSENT CALENDAR

2. Introduce and Waive the First Reading of 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.

3. Introduce and Waive the First Reading of Ordinance No. 625 Adding Chapter 9-12 to the Livingston Municipal Code Related to Storm Water Quality Management Pursuant to State Water Resources Control Board Order No. 2013-0001-DWQ, Clean Water Act and California Porter-Cologne Act.

4. Resolution No. 2015-48 Accepting Bid and Awarding Contract to Conco West, Inc. for Well #17 Improvements and Wellhead Treatment.

5. Approval of Warrant Register Dated September 10, 2015.

City Council pulled Items No. 2 and No. 3 for separate discussion.

Motion: M/S Samra/Soria to approve Consent Calendar Items No. 4 and No. 5. 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

2. Introduce and Waive the First Reading of 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.

Contract City Planner Hatch introduced this item. He announced that the State approved regulations requiring cities to expedite the review of building permits for renewable energy projects. There are many ways to satisfy this requirement, such as providing an easier submittal process for building permits via internet, fax, or mail. The City can also include a “checklist” on the City’s website outlining the requirements for submitting a building permit application.

Mayor Espinoza opened Public Comments at 7:23 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked how much it cost to get a solar permit.

Contract City Planner Hatch replied that the electrical and structural permit fees are based on the value of the project.

Mayor Espinoza closed Public Comments at 7:28 p.m., as there were no further comments from the public.

Motion: M/S Soria/McCabe to Introduce and Waive the First Reading of 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.

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

3. Introduce and Waive the First Reading of Ordinance No. 625 Adding Chapter 9-12 to the Livingston Municipal Code Related to Storm Water Quality Management Pursuant to State Water Resources Control Board Order No. 2013-0001-DWQ, Clean Water Act and California Porter-Cologne Act.

Interim City Manager Ortiz introduced this item.

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

Katherine Schell-Rodriguez, P.O. Box 163, asked if this will affect small businesses.

Interim City Manager Ortiz replied that not all businesses will be affected. Businesses that are generally affected by this are car washes, auto shops, and industrial shops.

City Engineer Gouveia reported that the “high risk” businesses mentioned by Interim City Manager Ortiz are currently required to comply with regulations from the Merced County Health Department that are similar to those for this item.

Mayor Espinoza closed Public Comments at 7:45 p.m., as there were no further comments from the audience.

Motion: M/S Samra/Sicairos to Introduce and Waive the First Reading of No. 625 Adding Chapter 9-12 to the Livingston Municipal Code Related to Storm Water Quality Management Pursuant to State Water Resources Control Board Order No. 2013-0001-DWQ, Clean Water Act and California Porter-Cologne Act. 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

6. Downtown Beautification Project/Street Improvements.

Council Member McCabe recused himself from this item at 7:36 p.m., as he has interest within the affected area. He left the Council Chambers and returned after this item was discussed.

Interim City Manager Ortiz reported that notifications were given to the businesses within the project site prior to this meeting.

City Engineer Gouveia introduced this item. He mentioned that the width of the sidewalk located north of B Street, specifically on the east side of Main Street by Mountain Mike’s Pizza, may be reduced from ten feet to five feet to avoid additional engineering and costs.

Mayor Espinoza opened and closed Public Comments at 7:47 p.m., as there were no comments from the audience.

The City Council agreed to reduce portions of the sidewalk as described by the City Engineer during his presentation.

Council Member Sicairos asked if this project will affect the existing bus stop on Main Street along the frontage of Rite-Aid Pharmacy.

City Engineer Gouveia replied that this project will not affect the bus stop.

Mayor Pro-Tem Samra asked if the road can be resurfaced.

City Engineer Gouveia replied yes, if Council gives him direction to do so.

The City Council confirmed interest in re-surfacing portions of Main Street.

City Attorney Sanchez mentioned that Council should present any questions, comments, or concerns about this project to the Engineering Department at this time. If Council does not have any concerns, then the Engineering Department should proceed with this project as scheduled.

The City Council had no additional questions, comments, or concerns for the Engineering Department.

Council Member McCabe re-entered the Council Chambers at 7:56 p.m.

7. Discussion – Changing Name of City Logo to “Sweet Potato Capital of the World.”

Mayor Espinoza introduced this item. He mentioned that the current City logo is outdated and does properly reflect the spirit of the City of Livingston.

Mayor Espinoza opened Public Comments at 7:58 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, suggested adding a location to the logo. Examples that she provided include, Livingston “Sweet Potato Capital of California” and Livingston “Sweet Potato Capital of the Country.”

Luis Flores, 707 Almonwood Drive, asked about the cost associated with updating the City logo.

Council Member McCabe replied that the City logo may be updated as provided by the City’s budget.

Mayor Espinoza closed Public Comments at 8:03 p.m., as there were no further comments from the audience.

City Council agreed that the City’s logo should be changed to Livingston “Sweet Potato Capital.”

City Attorney Sanchez mentioned that additional logistics may be required to officially change the City’s logo.

ADJOURNMENT

The meeting was adjourned by consensus at approximately 8:05 p.m.

__________________________________

City Clerk of the City of Livingston

APPROVED: October 20, 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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