Approval of Meeting Minutes of Dec 06, 2016

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Meeting Date: February 07, 2017

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL

DECEMBER 6, 2016

A Regular Meeting of the Livingston City Council was held on December 6, 2016, in the City Council Chambers with Mayor Espinoza presiding.

REGULAR MEETING

Mayor Espinoza called the meeting to order at 7:02 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

CHANGES TO THE AGENDA

Agenda Items #1 through #7 were postponed to a future City Council Meeting (date not determined) because the election was not certified prior to this meeting.

CONFIRMATION OF CANVASS OF MUNICIPAL ELECTION

1. Resolution of the City Council of the City of Livingston Confirming the Canvass by the Merced County Clerk of the Results of the General Municipal Election of November 8, 2016, Held in and for the City of Livingston and Declaring the Results of Said Election.

Item No. 1 was postponed to a subsequent City Council Meeting, as described in the “Changes to the Agenda” section of the minutes.

INVOCATION

2. Alberto Montejano, Deacon, Saint Mary of the Apostles Roman Catholic Church, Fresno, and Priest from Guru Nanak Sikh Temple, Livingston.

Item No. 2 was postponed to a subsequent City Council Meeting, as described in the “Changes to the Agenda” section of the minutes.

OATHS OF OFFICE

3. City Clerk will administer the Oaths of Office to Mayor-elect, Council Members-elect, and City Treasurer-elect.

4. Deputy City Clerk will administer the Oath of Office to City Clerk-elect Antonio Silva.

Items No. 3 and No.4 were postponed to a subsequent City Council Meeting, as described in the “Changes to the Agenda” section of the minutes.

CITY COUNCIL REORGANIZATION

5. Nomination and Election of Mayor Pro-Tempore.

6. Discuss and Make City Council Appointments to City Boards, Commissions and Committees:

a. Member/Alternate – Merced County Association of Governments (MCAG) Governing Board. (Currently: Mayor Espinoza, Member, Council Member Sicairos, Alternate).

b. Representative/Alternate – Central Valley Division League of California Cities. (Currently: Council Member Soria Representative, Council Member McCabe, Alternate).

c. Member/Alternate – Merced County Mosquito Abatement District Board of Directors. (Currently: Mayor Espinoza, Representative, No Designated Alternate).

d. Representative/Alternate – Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board. (Currently: Mayor Espinoza, Representative, Council Member Sicairos, Alternate).

e. City Council Liaison – Livingston Planning Commission. (Currently: Council Member Sicairos).

Items No. 5 and No.6 were postponed to a subsequent City Council Meeting, as described in the “Changes to the Agenda” section of the minutes.

AWARDS, PRESENTATIONS, PROCLAMATIONS

7. Mayor Jim Soria, on behalf of the City Council, will present a plaque of appreciation to out-going Mayor, Rodrigo Espinoza.

Item No. 7 was postponed to a subsequent City Council Meeting, as described in the “Changes to the Agenda” section of the minutes.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

None.

City Staff Announcements and Reports.

Fire Battalion Chief Carter provided updates regarding Fire Department-related activities. He noted that the City incurred over 70 calls during the past 3 weeks. These included 13 vehicle accidents, 1 vegetation fire, and 3 alarm soundings. The annual total for incidents is up to 1,410. Moreover, Fire staff and volunteers recently received training for working in confined spaces and dealing with hazardous materials.

Sharon Jones, Merced County Mental Health Coordinator, spoke about ending the stigma associated with mental health. Her goal is to encourage people to seek treatment for mental health and share their success stories with the community.

City Manager Announcements and Reports.

Interim City Manager Ortiz announced that the City is searching for grants to develop soccer fields at the Max Foster Sports Complex. The Downtown portion of Main Street is scheduled to re-open next week. The Sweet Potato Festival has received various inquiries for booth rentals and is expected to have a large attendance.

City Council Members’ Announcements and Reports.

Council Member McCabe thanked everyone who attended, participated, or assisted with the Christmas Parade. He commended staff for their great work with the Downtown Beautification Project.

Council Member Soria thanked staff for helping with the Christmas Parade.

Mayor Pro-Tem Samra would like City Council to discuss options for filling the vacated City Council seat during the City Council meeting of December 20, 2016.

Mayor’s Announcements and Reports.

Mayor Espinoza noted that the Downtown Beautification Project has received many compliments. He would like to see this project completed with a roundabout at the intersection of Main Street and B Street. Future City Council members should consider making improvements to the north side of Main Street.

PUBLIC HEARING

8. Introduce and Waive the First Reading of Ordinance No. ____, of the City Council of the City of Livingston Repealing Ordinance No. 616 and Replacing Livingston Municipal Code, Title 4, Chapter 1, “Building Administration Codes” to Adopt and Amend the 2016 California Building Code, 2016 California Mechanical Code, 2015 International Property Maintenance Code, 2016 California Plumbing Code, 2016 California Electrical Code, 2016 California Code of Building Conservation, 2016 Energy Code, 2016 California Green Building Standards Code, and 2016 California Residential Building Code and all appendices attached thereto.

Contract City Planer Hatch introduced this item. Building Code revisions are mandated by the State. Building codes change through a review process involving input from developers, officials, and stakeholders.

Mayor Espinoza opened and closed the Public Hearing at 7:19 p.m., as there were no comments from the public.

Motion: M/S Samra/McCabe to Introduce and Waive the First Reading of Ordinance No. 628, of the City Council of the City of Livingston Repealing Ordinance No. 616, and Replacing Livingston Municipal Code, Title 4, Chapter 1, “Building Administration Codes” to Adopt and Amend the 2016 California Building Code, 2016 California Mechanical Code, 2015 International Property Maintenance Code, 2016 California Plumbing Code, 2016 California Electrical Code, 2016 California Code of Building Conservation, 2016 Energy Code, 2016 California Green Building Standards Code, and 2016 California Residential Building Code and all appendices attached thereto. 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

CITIZEN COMMENTS

Mayor Espinoza opened Citizen Comments at 7:20 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, noted that the election is still being certified. There will be a vacancy on the City Council and she recommends that the person appointed be the runner-up from the election.

Warren Urnberg, 1331 8th Street, noted that the street lights in the Downtown are dim. Also, there is an abundance of yard sale signs throughout town that should be removed.

Interim City Manager Ortiz noted that staff will assess street light illumination levels and make changes if needed.

Mike Torres, 1616 8th Street, recommends that the City Council runner-up be appointed instead of holding a special election.

Javier Fuentes, resident of Merced, noted that California may propose making itself a sanctuary State. Mr. Fuentes recommends that the City consider making itself a sanctuary City.

Jose Antonio Ramirez, representative from the San Joaquin Joint Powers Authority (Amtrak), gave an update on Amtrak-related matters. The last time that daily trips were added to the Central Valley Corridor was 2002. Trips will soon be added to this corridor along with programs and incentives for children and senior citizens.

Mayor Espinoza closed Citizen Comments at 7:41 p.m., as there were no further comments from the public.

CONSENT CALENDAR

9. Approval of Warrant Register Dated December 1, 2016.

Motion: M/S Samra/Soria to approve consent calendar. 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

10. City Council Accept the City of Livingston Independent Auditor’s Report and Financial Statements Dated June 30, 2016, and City of Livingston Local Transportation Development Act Fund – Independent Auditor’s Report and Financial Statements Dated June 30, 2016.

Interim City Manager Ortiz noted that the annual audit report went well. Page 7 shows the balance of the General Fund, which is at a surplus.

Mayor Espinoza opened Public Comments at 7:48 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, told everyone to turn to Page 9 to the Statement of Net Position for Proprietary Funds. She reviewed the balance sheet and asked how much money pertains to the TCP settlement funds.

Interim City Manager Ortiz noted that further research should be conducted to provide a precise response. However, some of those funds were used to pay for water improvement projects.

Mayor Espinoza closed Public Comments at 7:54 p.m., as there were no further comments from the public.

Motion: M/S Samra/McCabe that City Council Accept the City of Livingston Independent Auditor’s Report and Financial Statements Dated June 30, 2016, and City of Livingston Local Transportation Development Act Fund – Independent Auditor’s Report and Financial Statements Dated June 30, 2016. 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

11. PowerPoint Presentation – Overview of Prop 64 and its Impact on the City.

City Attorney Sanchez and Police Chief Chavez gave a group presentation regarding the approval of marijuana for recreational purposes. They discussed various cannabis permits, general regulations, taxation options, etc.

Mayor Espinoza opened Public Comments at 8:50 p.m.

Javier Fuentes, a resident from Merced, recommends that the City review County regulations for ideas.

Mayor Espinoza closed Public Comments at 8:53 p.m., as there were no further comments from the public.

City Council directed staff to provide draft regulations and fees.

ADJOURNMENT

The meeting was adjourned by consensus at approximately 8:58 p.m.

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Deputy City Clerk of the City of Livingston

APPROVED: February 7, 2017

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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.