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

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Meeting Date: October 20, 2014

MEETING MINUTES

CONCURRENT MEETING OF THE CITY COUNCIL

AND THE SUCCESSORY AGENCY TO THE

REDEVELOPMENT AGENCY

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

SEPTEMBER 1, 2015

A Concurrent Meeting of the City Council and the Successor Agency to the Redevelopment Agency and a Closed Session/Regular Meeting of the Livingston City Council was held on September 1, 2015, in the City Council Chambers with Mayor Pro-Tem Samra presiding in the absence of Mayor Espinoza.

CALL TO ORDER

Mayor Pro-Tem Samra called the meeting to order at 6:13 p.m.

ROLL CALL

Mayor Rodrigo Espinoza (Excused Absence)

Mayor Pro-Tem Gurpal Samra

Council Member Soria (Excused Absence)

Council Member Sicairos

Council Member McCabe

Mayor Pro-Tem Samra opened and subsequently closed Public Comments at 6:14 p.m., as there were no comments from the public.

CLOSED SESSION

Mayor Pro-Tem Samra opened the meeting for public comments at 6:15 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 Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiator: Interim City Manager Odi Ortiz

Employee Organizations: All Represented and

Non-Represented City Employees

REGULAR MEETING

Mayor Pro-Tem Samra called the meeting to order at 7:05 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

ROLL CALL

Mayor Rodrigo Espinoza (Excused Absence)

Mayor Pro-Tem Samra

Council Member (Excused Absence)

Council Member Sicairos

Council Member McCabe

CLOSED SESSION ANNOUNCEMENTS

No reportable action was taken.

CHANGES TO THE AGENDA

Mayor Pro-Tem Samra announced that Item No. 8 will be discussed first.

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Downtown Beautification Project/Street Improvements.

City Attorney Sanchez announced that Council Member McCabe will recuse himself from this item as he has interest within the subject site. Council Member McCabe left the Council Chambers at 7:07 p.m.

City Engineer Gouveia provided a presentation on this item. He discussed the scope of the project area, findings from previous plans/discussions, and the timeline for project completion.

A question was given from the audience at 7:16 p.m.

Lisa Arrieve, 9616 Longview Road, Atwater, asked why the proposed extended curbs are more beneficial than the existing curbs.

City Engineer Gouveia replied that the extended curbs make it easier for pedestrians to travel a shorter distance to cross the street.

JoAnn Mires, Atwater, asked if a crosswalk can be provided closer to the Senior Center on Main Street.

City Engineer Gouveia replied that a new crosswalk will be located a few feet away from the Senior Center.

Mayor Pro-Tem Samra asked when construction will begin.

City Engineer Gouveia replied that construction could begin as early as November or December of this year.

Mayor Pro-Tem Samra announced that action on this item will be postponed to the next City Council meeting in the hopes that a full Council will be present.

David Blevins, 1049 Fourth Street, asked if other agencies have been notified about this project such as the Merced County Transit “The Bus.”

Interim City Manager Ortiz replied that the City will notify “The Bus” transit manager.

Council Member Sicairos asked if there could be issues with postponing this project until after the holidays so as not to interfere with holiday festivities.

City Engineer Gouveia replied that there would be no issues with postponing the project until next year. Doing so should not affect funding for this project.

Art Arcouries, Atwater, asked if construction will disrupt the daily operations of local businesses.

City Engineer Gouveia replied that construction for this project may affect how businesses load their inventory. However, this project may be constructed in phases to minimize those types of impacts.

The City Council agreed to continue discussion on this item to the next City Council meeting.

The Council took a break at 7:26 p.m.

Council Member McCabe re-entered the Council Chambers at 7:27 p.m.

The meeting resumed at 7:35 p.m.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Condor Earth Technologies, Inc. – Municipal Storm Water Discharge Permit (MS4 Phase II Permit) Requirements.

Wesley Greenwood, a representative from Condor Earth Technologies, introduced this item and talked about the history of the Municipal Storm Water Discharge Permit and its newest requirements.

Mayor Pro-Tem Samra opened Public Comments at 7:45 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked if water will be tested for quality.

Micheline Kipf, a representative from Condor Earth Technologies, replied that water will not be tested for quality. However, water quality may be tested in the future.

Luis Flores, 707 Almonwood Drive, asked why some Phase II cities are not required to comply with these standards.

Wesley Greenwood replied that there is no clear answer to that question. Some cities like Sonora were perhaps exempt from permitting requirements because they are located in high elevations where water contamination is reduced substantially.

Interim City Manager Ortiz mentioned that certain cities considered disadvantaged by the State are exempt from some permitting requirements.

Mayor Pro-Tem Samra closed Pubic Comments at 7:51 p.m., as there were no further comments from the public.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

None.

City Staff Announcements and Reports.

Baraka Carter, Battalion Chief for CalFIRE, reported that the Livingston Fire Station is one of the busiest stations in Merced County. Last month, the Station assisted with one structure fire, three vehicle emergencies, and twenty-eight medical cases. Moreover, he announced that on September 23rd, Foster Farms will host a fire safety awareness day for their employees. CalFIRE will be there to assist.

Police Chief Chavez gave a PowerPoint presentation regarding commercial burglaries, animal control statistics (twenty-three animals taken in), and gang arrests (twelve for the month of August). Moreover, he announced that the Livingston Police Department Color Guard will perform at the Oakland Raiders versus Cincinnati Bengals football game on September 12th.

City Engineer Gouveia announced that Well #17 will soon go-out for bid. He made himself available for questions. No questions were raised.

City Manager Announcements and Reports.

Interim City Manager Ortiz announced that water conservation tips will soon be uploaded to the City’s website.

City Attorney Sanchez announced that the State Water Resources Control Board recently issued the City of Livingston an alternate water reduction compliance order.

City Council Members’ Announcements and Reports.

Council Member McCabe announced that the Livingston Downtown Open Market will be utilized to conduct public outreach on water conservation.

Mayor’s Announcements and Reports.

None.

CITIZEN COMMENTS

Mayor Pro-Tem Samra opened Citizen Comments at 8:06 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked the City Attorney if the Fernandes Case (discussed during closed session) is in regards to the twelve-acres of land purchased for the sports complex.

City Attorney Sanchez replied that he cannot go into details about that case.

Barbara Ratzlaff, 1458 Main Street, announced that there are some loitering issues at the City’s Historical Museum. She requested that staff speak with these loiterers and encourage them to go elsewhere.

Interim City Manager Ortiz replied that the improvements to the adjacent park may encourage loiterers to spend their time there. Staff may not have the legal recourse to obligate loiterers to leave the premises.

Council Member McCabe asked Ms. Ratzlaff to further educate him about this issue after the City Council meeting.

Luis Flores, 707 Almonwood Drive, asked if the City has used the military grade vehicle that was donated to the City by the Army.

Police Chief Chavez replied that this program was postponed until further notice.

Mayor Pro-Tem Samra closed Citizen Comments at 8:18 p.m., as there were no further comments from the audience.

CONSENT CALENDAR

2. Approval of Minutes of Meeting Held on June 13, 2015.

3. Approval of Minutes of Meeting Held on June 16, 2015.

4. Approval of Minutes of Meeting Held on July 7, 2015.

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

6. Approval of Warrant Register Dated August 28, 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, Samra

NOES: Council Members: None

ABSENT: Council Members: Soria, Espinoza

CONSENT CALENDAR – SUCCESSOR AGENCY

7. Resolution No. 2015-03 of the Successor Agency to the Redevelopment Agency of the City of Livingston Approving the Recognized Obligation Payment Schedule (ROPS 15-16B) Pursuant to Health and Safety Code Section 34177 for the Period January through June 30, 2016.

Interim City Manager Ortiz introduced this item.

Motion: M/S Sicairos/McCabe to adopt Successor Agency Resolution No. 2015-03. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: McCabe, Sicairos, Samra

NOES: Council Members: None

ABSENT: Council Members: Soria, Espinoza

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Discussion – Changing the Slogan on the City Logo to “Sweet Potato Capital of the World.”

This item was postponed to the next City Council meeting to include input from the absent Council Members.

ADJOURNMENT

The meeting was adjourned by consensus at approximately 8:21 p.m.

________________________________

City Clerk of the City of Livingston

APPROVED:

_____________________________

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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