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

Note from TheGardeningSnail. This page may have been produced by running a PDF Image File through a program that converts Image to Text. My apologies for any Textual Gremlins that may have crept in. I may also have broken up larger paragraphs.

Meeting Date: April 04, 2017

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

FEBRUARY 7, 2017

A Closed Session/Regular Meeting of the Livingston City Council was held on February 7, 2017, in the City Council Chambers with Mayor Soria presiding.

CALL TO ORDER

Mayor Soria called the meeting to order at 6:34 p.m.

ROLL CALL

Mayor Jim Soria

Mayor Pro-Tem Gurpal Samra

Council Member Juan Aguilar

Council Member Arturo Sicairos (Excused Absence)

Council Member Alex McCabe

Mayor Soria opened and subsequently closed Citizen Comments at 6:35 p.m. as there were no comments from the public.

CLOSED SESSION

Mayor Soria opened the meeting for public comments at 6:36 p.m. There were no comments and the Council went into Closed Session immediately thereafter to discuss the following matter:

1. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager

City Manager Recruitment

REGULAR MEETING

Mayor Soria 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 Jim Soria

Mayor Pro-Tem Gurpal Samra

Council Member Juan Aguilar

Council Member Arturo Sicairos (Excused Absence)

Council Member Alex McCabe

CLOSED SESSION ANNOUNCEMENTS

No reportable action was taken.

CHANGES TO THE AGENDA

Item No. 5 was moved up in the agenda line-up.

AWARDS, PRESENTATIONS, PROCLAMATIONS

5. Invocation by Police Chaplain Mike Outten.

Swearing-in of New Police Officers Edward Jimenez, Thomas Griffin, and Joseph Thornburg.

Oath of Office to be administered by Mayor Jim Soria.

Police Chief Chavez introduced the new police officers. The new police officers took the oath of office (administered by Mayor Soria), thanked their family for their support, and proceeded by taking photographs with the community.

The City Council took a break between 7:30 p.m. and 7:45 p.m.

DISCUSSION AND POTENTIAL ACTION ITEMS

6. Resolution 2017-__, To Consider Making an Appointment to Fill the Vacancies on the Planning Commission.

Contract City Planner Hatch introduced this item.

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

Katherine Schell-Rodriguez, P.O. Box 163, recommends that the City Council appoint someone who either has experience on the Planning Commission or a background in engineering.

Council Member Aguilar noted that he would like to interview the candidates for the Planning Commission.

Council Member McCabe recommends postponing this item to the next regularly scheduled meeting for interviews.

Motion: M/S McCabe/Aguilar to interview candidates during the next City Council Meeting. The motion carried 4-0-1 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Sicairos

APPOINTMENTS TO BOARDS AND COMMISSIONS

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

Mayor Soria opened Public Comments at 7:54 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, noted that Item D is traditionally overseen by a community member instead of a City Council Member. She questioned if a community member should serve on the Mosquito Abatement District Board of Directors, as was done in the past.

Mayor Soria closed Public Comments at 7:57 p.m., as there were no further comments from the public.

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

New appointments: Council Member McCabe Member, Council Member Sicairos, Alternate.

b. Member – Merced County Local Agency Formation Commission (LAFCO). (Currently Council Member McCabe, Member).

New Member: Mayor Pro-Tem Samra

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

New appointments: Council Member Aguilar, Representative, Council Member McCabe, Alternate.

d. Member/Alternate – Merced County Mosquito Abatement District Board of Directors.

(Currently: Mayor Soria, Representative, No Designated Alternate).

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

New appointments: Council Member Sicairos, Representative, Council Member McCabe, Alternate.

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

New appointment: Council Member Aguilar.

AWARDS, PRESENTATIONS AND PROCLAMATIONS

6. PowerPoint Presentation on Sanctuary Cities, by Crissy Gallardo, Community Organizer, Merced Organizing Project (MOP).

Crissy Gallardo gave a PowerPoint presentation regarding sanctuary cities. Livingston Elementary School District (K-8th Grade) now has sanctuary schools. She noted immigrant’s contributions to agriculture, military, and the economy. She discussed the significance of being a sanctuary city. The California Values Act could end collaboration between local law enforcement and ICE.

Adriana Meza, resident of Merced County, came to this meeting to ask the City Council to make Livingston a Sanctuary City. She noted that it is important to keep our families together. Deportations separate families and create significant social issues. Often times, immigrants are scared to call the police during emergencies for fear of deportation.

Mayor Soria opened Public Comments at 8:20 p.m.

Sylvia Morales, Merced County, noted that she fears being separated from her family by ICE.

Julio Valadez, P.O. Box 777, asked the Police Department if they have policies that ask for citizenship status.

Police Chief Chavez noted that the Police Department does not have such policies. If there is a criminal arrest, the County may ask for citizenship status.

County Supervisor Espinoza announced that community concerns regarding deportation can be forwarded to him. Elected officials help set policies that are enforced by law enforcement.

Derrick Gutierrez, 842 Cedar Lane, noted that his father was deported and this has had a straining effect on his family, resulting in severe economic hardships.

Maria Guadalupe Torres, Merced County, mentioned that her family fears deportation.

Guadalupe Lopez, Merced County, noted that 11 years ago, her husband was deported. This left a significant void in her family.

Melissa Stone, 544 Columbia Ave, Merced, is a business owner in downtown Merced. She acknowledged that immigrants provide significant financial contributions to the local economy.

Leslie McGowan, CEO of Livingston Community Health, noted that the local clinic is an inclusive business that does not reject patients based on citizenship status.

Luis Flores, Livingston Union School District Board Representative, noted that the school district elected to make its school grounds sanctuaries.

Mayor Soria closed Public Comments at 8: 46 p.m., as there were no further comments from the public.

Mayor Soria will connect MOP with the City Manager to draft a resolution.

Council Member Aguilar noted that he would like to work with this organization to potentially draft a resolution making Livingston a Sanctuary City.

Council Member McCabe noted that several members of his family are undocumented. The City of Oakland is boycotting companies that are willing to build the border wall. He challenges MOP to speak with as many cities as possible.

Mayor Pro-Tem Samra noted that he supports their concerns and will work with this City Council to assist them.

Mayor Pro-Tem Samra excused himself at 9:00 p.m.

ANNOUNCEMENTS AND REPORTS

Supervisor Rodrigo Espinoza Announcements and Reports.

County Supervisor Espinoza noted that County Supervisors had their first meeting today and it was stream-lined on Facebook Live. A shop in Delhi caught on fire and the Fire Department was able to prevent the fire from spreading to adjacent buildings. Moreover, ACE and Amtrak are working on expanding their stations and the number of daily trips.

City Staff Announcements and Reports.

None.

City Manager Announcements and Reports.

Interim City Manager Ortiz was absent from the meeting attending professional training in Sacramento.

City Council Members’ Announcements and Reports.

Council Member McCabe recently attended the League of California Cities transportation meeting. He obtained a lot of information that could be of useful for Livingston.

Council Member Aguilar attended the Active Shooting Training with the Police Department. He thanked everyone who has helped him transition to the City Council. He encourages the community to attend City Council Meetings.

Mayor’s Announcements and Reports.

Mayor Soria also attended the Police Department’s Active Shooting Training. He was impressed with how organized the Police Department is.

PUBLIC HEARING

6. Resolution Approving Site Plan and Design Review 2016-03 to develop the Livingston Community Health Campus on the South Side of “B” Street, East of Winton Parkway, Livingston, CA.

Contract City Planner Hatch introduced this item. The Planning Commission reviewed the proposed subdivision map, environmental analysis, and made a recommendation on the Site Plan. This Project includes a dental building, medical building, administration center, training facilities, and associated parking lots.

Mayor Soria opened and closed the Public Hearing at 9:41 p.m., as there were no comments from the public.

Motion: M/S McCabe/Aguilar to adopt Resolution 2017-09 approving the Environmental Review Document for Site Plan and Design Review 2016-03 to develop the Livingston Community Health Campus on the South Side of “B” Street, East of Winton Parkway, Livingston, CA. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Aguilar, McCabe, Soria

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Samra

Motion: M/S McCabe/Aguilar to adopt Resolution 2017-10 Approving Site Plan and Design Review 2016-03 to develop the Livingston Community Health Campus on the South Side of “B” Street, East of Winton Parkway, Livingston, CA. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Aguilar, McCabe, Soria

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Samra

CITIZEN COMMENTS

Mayor Soria opened Citizen Comments at 9:44 p.m.

Julio Valadez, P.O. Box 777, recommends that the Livingston Community Network open an urgent care within their new facilities.

Luis Flores, 707 Almondwood Drive, asked for updates on the search for the position of City Manager.

City Attorney Sanchez replied that the search is ongoing.

Katherine Schell-Rodriguez, P.O. Box 163, noted that there are some audio issues with the sound system at tonight’s meeting.

Mayor Soria closed Citizen Comments at 9:48 p.m., as there were no further comments from the public.

CONSENT AGENDA

7. Council Authorize Purchase of One New Police Vehicle.

8. Resolution 2017-11, approving the City of Livingston’s Emergency Operations Plan Revision.

9. Approve the Repairs to the Backhoe Rear and Front Axles for the Wastewater Department.

10. Resolution 2017-12, Authorizing the Reclassification of an Employee, Approving the Job Description, and Establishing a Salary Range for a New Position Title of Senior Administrative Analyst – Community Development.

11. Resolution 2017-13, Approving a One (1) Time Lump Sum Payroll Payment to Employees in Recognition for Their City Services.

12. Approval of Warrant Register Dated February 2, 2017.

13. Approval of Minutes of Meeting Held on November 15, 2016.

14. Approval of Minutes of Meeting Held on December 6, 2016.

Mayor Soria opened and closed Public Comments at 9:50 p.m., as there were no comments from the public.

Motion: M/S Aguilar/McCabe to approve the Consent Agenda. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Aguilar, McCabe, Soria

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Samra

DISCUSSION AND POTENTIAL ACTION ITEMS

15. Resolution 2017-__, Approving the Purchase of the Management Software PubWorks for Fleet Maintenance, Work Orders, Service Requests, and Asset Management.

Interim Public Works Director Martinez introduced this item. The proposed software can help manage and track requests for services.

Mayor Soria opened and closed Public Comments at 9:53 p.m., as there were no comments from the public.

Council Member McCabe feels more comfortable doing an RFP to select a firm to provide the software. This will help the City find the most qualified, competitive, and affordable software.

Council Member Aguilar asked if this software is used by other cities.

Interim Public Works Director Martinez replied yes.

Motion: M/S Soria/Aguilar to adopt a Resolution Approving the Purchase of the Management Software PubWorks for Fleet Maintenance, Work Orders, Service Requests, and Asset Management. The motion failed 2-1-2 by the following roll call vote:

AYES: Council Members: Aguilar, Soria

NOES: Council Members: McCabe

ABSENT: Council Members: Sicairos, Samra

16. Introduce and Waive the First Reading of an Ordinance Amending Portions of Chapter 12 of Title 9 of the Livingston Municipal Code Pertaining to Urban Storm Water Quality Management and Amending Section 5-5-5 of the Livingston Municipal Code Pertaining to Specific Use Regulations.

Public Works Director Martinez introduced this item. This item is in regards to establishing legal authority in compliance with State mandated MS4 requirements.

Mayor Soria opened Public Comments at 10:03 p.m.

Katherine Schell Rodriguez, P.O. Box 163, asked if the chemicals shown in the staff report would be prohibited for commercial purposes only or for City-wide users.

Interim Public Works Direct Martinez replied that the chemicals would be prohibited City-wide.

Motion: M/S Soria/McCabe to introduce and waive the first reading of Ordinance No. 629 Amending Portions of Chapter 12 of Title 9 of the Livingston Municipal Code Pertaining to Urban Storm Water Quality Management and Amending Section 5-5-5 of the Livingston Municipal Code Pertaining to Specific Use Regulations. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Aguilar, McCabe, Soria

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Samra

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

This item was postponed to the following City Council Meeting.

Motion: M/S McCabe/Aguilar to postpone this item to the next City Council Meeting. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Aguilar, McCabe, Soria

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Samra

18. Resolution 2017-__, Approving Updated Employee Classification and Salary Schedule Titled “Office Assistant II, Police”.

Police Chief Chavez introduced this item. He announced that a staffing audit was done on the Police Department and it was determined that there is a need for a full-time evidence technician. With the addition of body cameras, there has been a demand for administrative support.

Mayor Soria opened and closed Public Comments at 10:10 p.m., as there were no comments from the public.

Motion: M/S McCabe/Aguilar to adopt Resolution 2017-14, Approving Updated Employee Classification and Salary Schedule Titled “Office Assistant II, Police.” The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Aguilar, McCabe, Soria

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Samra

ADJOURNMENT

The meeting was adjourned by consensus at approximately 10:12 p.m.

__________________________________

City Clerk of the City of Livingston

APPROVED: April 4, 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.