Approval of Minutes of Meeting Held on April 4, 2017.

Note from TheGardeningSnail: This page was prepared by running a PDF Image File through a program which converts Image to Print. My apologies for any textual Gremlins that may have crept in. I may also have broken up some of the larger paragraphs and highlighted a few sections.

Meeting Date: May 16, 2017

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

APRIL 4, 2017

A Closed Session/Regular Meeting of the Livingston City Council was held on April 4, 2017, in the City Council Chambers with Mayor Soria presiding.

CALL TO ORDER

Mayor Soria called the meeting to order at 6:10 p.m.

ROLL CALL

Mayor Jim Soria

Mayor Pro-Tem Gurpal Samra

Council Member Juan Aguilar, Jr.

Council Member Arturo Sicairos

Council Member Alex McCabe

Mayor Soria opened and subsequently closed Citizen Comments at 6:11 p.m. as there were no comments from the public.

CLOSED SESSION

Mayor Soria opened the meeting for public comments at 6:12 p.m. There were no comments and the Council went into Closed Session immediately thereafter to discuss the following matters:

1. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager

City Manager Recruitment

2. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiators:  Jose M. Sanchez, City Attorney

Unrepresented Employee – City Manager

3. Conference with Legal Counsel – Potential Litigation

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

Number of Cases: 1

4. Conference with Legal Counsel – Possible Initiation of Litigation

(Government Code Section 54956.9(d)(4))

Number of Cases: 1

REGULAR MEETING

Mayor Soria called the meeting to order at 7:07 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

ROLL CALL

Mayor Jim Soria

Mayor Pro-Tem Gurpal Samra

Council Member Juan Aguilar, Jr.

Council Member Arturo Sicairos

Council Member Alex McCabe

CLOSED SESSION ANNOUNCEMENTS

No reportable action was taken.

CHANGES TO THE AGENDA

Item #12 was moved behind Item #1.

ANNOUNCEMENTS AND REPORTS

Supervisor Rodrigo Espinoza Announcements and Reports.

None.

City Staff Announcements and Reports.

Parks and Recreation Superintendent Benoit thanked the sponsors who support local community sports. The Kite Festival is this Sunday from 8:00 a.m. to 4:00 p.m. at the Livingston Middle School. The Farmers’ Market will begin soon and should occur weekly from Spring to Fall.

Fire Department Engineer McCarroll went over the Fire Department’s Emergency Activity Report which includes 80 City Incidents and 64 County Incidents. Year to date incident totals are up to 378 incidents. Training was recently provided by PG&E regarding gas and electrical emergencies. In addition, Relay for Life will be hosting a fundraiser at Memorial Park on April 29th starting at 10 a.m.

Police Chief Chavez gave a PowerPoint presentation regarding Police Department-related activities. There were 9 burglaries, 16 animals taken in, 11 gang interviews, and one homicide last month. Hola Mohalla and the Cesar Chavez Parade were held in Livingston with several thousand people in attendance. Several staff and Police Explorers assisted with these events.

Mayor Pro-Tem Samra thanked City staff for helping with the parades.

Alternate City Engineer Manrique gave a PowerPoint presentation showing the impacts that winter storms had on City wells (now at the water table levels of 2015), the domestic wastewater treatment plant, rivers, and ponds.

City Manager Announcements and Reports.

Interim City Manager Ortiz noted that City Staff is currently working on budget preparations.

City Council Members’ Announcements and Reports.

Council Member McCabe attended Hola Mohallah and the Cesar Chavez Parade. He recently lobbied for Senate Bill 54. The City’s Sanctuary City Ordinance is nearing completion. Atlas and the Chivas are working on bringing a minor-league team to Merced County. Livingston would be a great location for them.

Council Member Aguilar announced that the Fire Department Pancake Breakfast will be held at the Fire Department in May. He attended the recent City/County dinner meeting in Dos Palos. In addition, he attended the VFW March. The Resolution regarding Sanctuary City status is still in progress.

Council Member Sicairos thanked the Parks and Recreation Department for their hard work with community events.

Mayor Pro-Tem Samra thanked the Police Department for assisting with Hola Mohalla. He thanked everyone who attended.

Mayor’s Announcements and Reports.

Mayor Soria noted that he also attended Hola Mohalla. He attended Merced County Mosquito Abatement District Board meeting and learned a lot of information that is applicable to the City.

PUBLIC HEARING

1  Public Hearing – Resolution Approving Site Plan and Design Review 2016-04 to Expand the Dining Hall and Kitchen and Construct a Freestanding Kitchen and Storage Building with a Trash Enclosure at the Pacific Coast Kholsa Diwan Society Sikh Temple, 2765 Peach Avenue, Livingston, CA; APN# 023-080-013.

Contract City Planner Hatch introduced this item. The subject site is located at the intersection of Peach and Dwight. The subject site is surrounded by residential and agricultural uses. The proposed building expansion is over 1,300 square feet. The additional structure will match the existing building in color, material, and design.

Mayor Soria opened and closed the Public Hearing at 8:03 p.m., as there were no comments from the public.

Motion: M/S McCabe/Soria to adopt Resolution No. 2017- 22 Resolution Approving Site Plan and Design Review 2016-04 to Expand the Dining Hall and Kitchen and Construct a Freestanding Kitchen and Storage Building with a Trash Enclosure at the Pacific Coast Kholsa Diwan Society Sikh Temple, 2765 Peach Avenue, Livingston, CA; APN# 023-080-013. The motion carried

5-0-0 by the following roll call vote:

AYES: Council Members: McCabe, Aguilar, Sicairos, Samra, Soria

NOES: Council Members: None

ABSENT: Council Members: None

12. City of Livingston Logo Update and Possible Direction to Staff.

The City Council took a break at 8:13 p.m. and resumed the meeting at 8:18 p.m.

Livingston High School Students gave a presentation on 3-D City Logos. They mentioned many of the things that Livingston is known for and explained how the City’s heritage could be incorporated in a 3-D Logo.

Mayor Pro-Tem Samra thanked the students for attending the City Council Meeting.

Mayor Soria opened Public Comments at 8:30 p.m.

Barbara Ratzlaff,1458 Main, asked if the 3D Logo would be the same as the City Logo.

Jorge Saro, UCM Student, asked for potential locations for the 3-D sign.

The students replied that a good location would be at the park across from City Hall.

The City Council directed staff to have a professional graphic artist do renderings of the 3-D proposal and to enhance some student submissions.

CITIZEN COMMENTS

Mayor Soria opened Citizen Comments at 8:41 p.m.

Ricardo Soria, 1536 Main Street, noted that Max Foster Sports Complex is being damaged by Community Events like the 4th of July Festival and the Sweet Potato Festival. He recommends that festivals and community events be held at Memorial Park.

Irene De La Cruz gave a presentation on Parent Leadership Teaching Institute which gives guidance to parents.

Barbara Ratzlaff, 1458 Main Street, asked if the City has hired a City Manager or Code Enforcement Officer. In addition, she asked if the City is considering constructing a skate park.

Interim City Manager Ortiz noted that the City does not have a Code Enforcement Officer, but should hire one soon. The City is still in the process of hiring a City Manager.

Mayor Soria noted that he likes the idea of having a City skate park.

Christina Montes, Cesar Gutierrez, George Saro, and Patty Monsolo from UC Merced, invited the community to attend a UC Merced open house on April 15, from 9 a.m. to 3 p.m., regarding the STEM programs.

Maria Baptista, 1649 Spruce Court, announced that the 4th of July Committee will be bringing a Ms. Independent Pageant to Livingston.

Katherine Schell-Rodriguez, P.O. Box 163, asked if the litigation with the Animal Legal Defense Fund is ongoing. She also asked if there will be an Oversight Committee for Measure V. She closed by asking how potential State Sanctuary State Laws could affect immigrant criminals.

City Attorney Sanchez replied that the litigation with the Animal Legal Defense Fund has been settled. No other litigation has been settled or ongoing in the last 6 months. Sanctuary City status details will come soon.

Interim City Manager Ortiz noted that the Measure V Committee has yet to be formed.

Mayor Soria closed Citizen Comments at 9:14 p.m., as there were no further comments from the public.

CONSENT AGENDA

2. Council Authorization to Purchase One New Bobcat Vibratory Roller ad One New Crafco Sealant Melter (Crack Sealer) for the Streets Department.

3. Resolution No. 2017-23 Accepting Bid from RTC Construction Management, Inc. for the Sand Separator and Well Repairs at Well No. 8.

4. Resolution No. 2017-24 Accepting Bid from Rolfe Construction for the Industrial Wastewater Discharge Station.

5. City Council to Authorize the Sale of Surplus Vehicles and Property.

6. Approval of Minutes of Meeting Held on January 17, 2017.

7. Approval of Minutes of Meeting Held on February 7, 2017.

8. Approval of Warrant Register Dated March 16, 2017.

9. Approval of Warrant Register Dated March 30, 2017.

Motion: M/S Samra/Sicairos to approve Consent Agenda Items 2, 3, 4, 6, 7, 8, and 9. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: McCabe, Aguilar, Sicairos, Samra, Soria

NOES: Council Members: None

ABSENT: Council Members: None

Council Member McCabe pulled Item 5 to consider donating surplus items to Sister Cities.

Police Chief Chavez noted that the item being surplused is an outdated vehicle that does not work anymore. He believes that donating this vehicle to a sister city would not bring any benefits to that city and may stress their resources trying to fix the vehicle.

Motion: M/S McCabe/Sicairos to approve Consent Agenda Item 5. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: McCabe, Aguilar, Sicairos, Samra, Soria

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

10. Resolution Approving a Three (3) Year Professional Services Agreement between the City of Livingston and ______________________as the City of Livingston’s Certified Farmers’ Market Manager.

Parks and Recreation Superintendent Benoit introduced this item.

Mayor Soria opened and closed public comments at 9:33 p.m., as there were no comments from the public.

Motion: M/S Samra/Sicairos to adopt Resolution 2017-25 Approving a Three (3) Year Professional Services Agreement between the City of Livingston and Chuck Bradshaw as the City of Livingston’s Certified Farmers’ Market Manager. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: McCabe, Aguilar, Sicairos, Samra, Soria

NOES: Council Members: None

ABSENT: Council Members: None

11. Resolution Making an Appointment to Fill Two Vacancies on the Livingston Planning

Commission.

Council Member McCabe left the Council Chambers at 9:35 p.m. and did not return to the meeting.

Contract City Planner Hatch introduced this item.

Mayor Soria opened and closed Public Comments at 9:37 p.m., as there were no comments from the public.

Motion: M/S Aguilar/Soria to adopt Resolution 2017-26 appointing Warrant Urnberg as a full-time Planning Commissioner and Jason Roth as an Alternate Planning Commissioner. The motion carried 4-0-1 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: McCabe

12. Resolution Approving Updated Sewer Management Plan.

Alternate City Engineer Manrique introduced this item.

Mayor Soria opened Public Comments at 9:40 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked why it’s taken 8 years to re-certify the City’s Sewer Management Plan.

Interim City Manager Ortiz noted that there were limitations with low staff levels. This plan should be updated more frequently in the future.

Mayor Soria closed Public Comments at 9:44 p.m., as there were no further comments from the public.

Motion: M/S Soria/Samra to adopt Resolution 2017-27 Approving the Updated Sewer Management Plan. The motion carried 4-0-1 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: McCabe

ADJOURNMENT

The meeting was adjourned by consensus at approximately 9:45 p.m.

__________________________________

City Clerk of the City of Livingston

APPROVED: May 16, 2017

_____________________________

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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