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

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Meeting Date: April 04, 2017

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

JANUARY 17, 2017

A Closed Session/Regular Meeting of the Livingston City Council was held on January 17, 2017, in the City Council Chambers with Mayor Soria presiding.

CALL TO ORDER

Mayor Soria called the meeting to order at 6:15 p.m.

ROLL CALL

Mayor Jim Soria

Mayor Pro-Tem Gurpal Samra

Council Member Juan Aguilar

Council Member Arturo Sicairos

Council Member Alex McCabe (Appointed During the Meeting)

Mayor Soria opened and subsequently closed Citizen Comments at 6:17 p.m. as there were no comments from the public.

CLOSED SESSION

Mayor Soria opened the meeting for public comments at 6:18 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)

Labor Negotiators: Interim City Manager Odi Ortiz

and City Attorney Jose Sanchez

Employee Organization: Management/Confidential

Employees Association

3. Conference with Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiators: Interim City Manager Odi Ortiz

and City Attorney Jose Sanchez

Employee Organization: Public Works/Parks Employees Unit

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

Council Member Arturo Sicairos

Council Member Alex McCabe (Appointed During the Meeting)

CLOSED SESSION ANNOUNCEMENTS

No reportable action was taken.

CHANGES TO THE AGENDA

None.

CITY COUNCIL MEMBER APPOINTMENT AND OATH OF

1. Resolution Filling the Vacant Seat on the City Council by Appointment.

City Attorney Sanchez introduced this item. The City Council has the option of filling the vacant seat with a special election or by appointment. He noted that candidates Alex McCabe, Mario Mendoza, and Jason Roth were contacted to see if they were still interested in the position of Council Member, and they confirmed that they are interested. Adanan Bath noted that he is not interested in the position at this time.

Mayor Soria opened Public Comments at 7:11 p.m.

Former Mayor of Livingston, Rodrigo Espinoza, recommended appointing Alex McCabe. Mr. Espinoza believes that Mr. McCabe has the qualities, skills, knowledge, and passion to serve the residents of Livingston.

Mayor Soria closed Public Comments at 7:13 p.m., as there were no further comments from the public

Council Member Sicairos recommends appointing the 4th highest vote getter, which is Alex McCabe.

Council Member Aguilar thinks that it would be best to interview the candidates. This might be consistent with past practices.

Mayor Soria noted that it would be best to not delay this process further. The City Council has extensive experience with all of the candidates, and knows them and their qualifications. Alex McCabe’s education and experience makes him the best candidate for the position.

Motion: M/S Sicairos/Soria to adopt Resolution 2017-01, Filling the Vacant Seat on the City Council by the Appointment of Alex McCabe. 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: Vacant Seat

2. Mayor or Deputy City Clerk will administer the Oath of Office to Council

Member-elect Alex McCabe.

The oath of office was administered to Council Member-elect McCabe.

ANNOUNCEMENTS AND REPORTS

Supervisor Rodrigo Espinoza Announcements and Reports.

Supervisor Espinoza noted that it was both an honor and a privilege to serve the City of Livingston as Mayor. He reported that he has received a lot of comments from residents from the northeast portion of Merced County. They have many concerns regarding safety and quality of life. He hopes to address these concerns in his new position as Merced County Supervisor.

Mayor Pro-Tem Samra would like to set a meeting with Supervisor Espinoza to discuss some ideas suggested by Council Member Aguilar.

Council Member Aguilar would like to get together with Supervisor Espinoza to discuss developing a new fire station. Given that the local Fire Department serves both the City and the County, there could be a joint interest in creating a new fire station for the Fire Department.

Council Member McCabe asked Supervisor Espinoza, what portions of the County were most damaged by recent storms.

Supervisor Espinoza replied that recent storms did significant damage to Gustine and Newman.

City Staff Announcements and Reports.

Police Chief Chavez gave a PowerPoint presentation regarding Police-related activities such as gang sweeps, burglaries, and animal control. He also discussed Police-related events such as the Kops for Kids Christmas event. He discussed some departmental challenges, which included the impacts from Proposition 57 and Proposition 64.

Fire Chief Carter commented that it is great go have a County Supervisor that can bridge issues between the City and County. Annual Fire reports included 9 Code Blues, 31 public assists, and 222 incidents in the County. There were 1,514 total calls (951 in the City and 563 in the County) during 2016. Recent fire training includes pre-planning emergency response plans for the Foster Farms facility, and respiratory emergency response plans. Recent fire prevention programs include smoke alarm education and general outreach at local schools. Fire staff attended every football game during 2016 and many community events (in the City and County) like the Sweet Potato Festival.

Contract City Planner Hatch talked about annual Planning Department accomplishments such as adopting a new Housing Element, developing infill lots, adopting new building codes, relocating food trucks, developing new health facilities, and developing new restaurants.

Parks and Recreation Superintendent Benoit gave a presentation. She discussed upcoming registrations for softball, swim team, soccer, basketball, karate, and jazz.

City Manager Announcements and Reports.

Interim City Manager Ortiz reported that development fees are being studied for potential adjustments, budget workshops will soon be provided, and research is being done for grant opportunities.

City Council Members’ Announcements and Reports.

Council Member McCabe thanked the current City Council for their work.

Council Member Aguilar thanked City staff for assisting the community with the recent storms.

Council Member Sicairos thanked City staff for assisting during recent storms. He welcomes community input and involvement in City Council meetings.

Mayor Pro-Tem Samra thanked City staff for their hard work. He would like to see the new City Logo adopted soon.

Mayor’s Announcements and Reports.

Mayor Soria attended a recent Mosquito Abatement District meeting. He would like to have monthly meetings with the community on Saturdays at local restaurants to discuss their concerns.

PUBLIC HEARING

3.  Resolution Approving Site Plan and Design Review 2016-02 to Construct a Panda Express Chinese Restaurant at 412 Winton Parkway, Livingston, CA.

Contract City Planner Hatch introduced this item. He discussed the site plan, vehicle access, pedestrian access, parking, building footprint, parking lot lighting, and elevations/architectural features.

Mayor Soria opened and closed the Public Hearing at 8:30 p.m., as there were no comments from the public.

Motion: M/S McCabe/Soria to adopt Resolution No. 2017-02, Approving Site Plan and Design Review 2016-02 to Construct a Panda Express Chinese Restaurant at 412 Winton Parkway, Livingston, CA. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CITIZEN COMMENTS

Mayor Soria opened Citizen Comments at 8:35 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, looks forward to a great new year. There are some concerns with the video and audio recordings of the City Council Meetings. This is something that should be addressed soon.

Interim City Manager Ortiz mentioned that there have been some issues with the video and audio recordings. Staff is working with IT support to fix these technical problems.

County Supervisor Espinoza noted that this needs to be a priority, in addition to modernizing the City’s website.

Julio Valadez, P.O. Box 777, recommends that the search for the position of City Manager include a recruitment firm that can come up with characteristics and values that reflect a community leader. In addition, he recommends that the search include a technical committee and a community committee that would conduct interviews. Moreover, the annual Knights of Columbus Free Throw competition will begin this month. The Knights of Columbus Kite Festival will be held on Sunday, April 9th.

Mayor Soria closed Citizen Comments at 8:50 p.m., as there were no further comments from the public.

CONSENT AGENDA

4. Council Authorize Purchase of One New Police Vehicle.

5. Council Authorize Staff to Contract for the Construction of a Security Wall at Rear Entrance of Police Building.

6. Resolution No. 2017-03 to File and Record Notice of Completion with Merced County for the Well #17 Improvements and Wellhead Treatment.

7. Resolution No. 2017-04 to File and Record Notice of Completion with Merced County for the Replace Playground Equipment Project at Don Meyer Park.

8. Approval of Warrant Register Dated January 3, 2017.

9. Approval of Warrant Register Dated January 12, 2017.

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

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

NOES: Council Members: None

ABSENT: Council Members: None

Mayor Pro-Tem Samra excused himself from the Council Chambers at 8:51 p.m.

DISCUSSION AND POTENTIAL ACTION ITEMS

10. Resolutions Required by the State Water Resources Control Board as Part of the DWSRF Application to Construct Improvements at Well #16 and Well #14.

Alternate City Engineer Manrique introduced this item. He discussed some constituents that may be regulated, such as TCP.

Mayor Pro-Tem Samra returned to the Council Chambers at 8:53 p.m.

Mayor Soria opened Public Comments at 8:55 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, referenced the staff report and questioned why the City is not considered a disadvantaged community eligible for certain grants.

Alternate City Engineer Manrique replied that disadvantaged communities are defined by the State based on average household incomes from recent Census data. The City’s average income was above the amount defined by the State to be considered disadvantaged.

Mayor Soria closed Public Comments at 8:57 p.m., as there were no further comments from the public.

Motion: M/S Samra/Sicairos to adopt Resolution 2017-04 authorizing the Interim City Manager to sign and file a financial assistance application to the DWSRF for the planning, design, and construction of the Well #16 and Well #14 Arsenic and TCP Removal Treatment System Improvements. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Motion: M/S Samra/Aguilar to adopt Resolution 2017-05 authorizing the Interim City Manager to sign the financing agreement, amendments, and certifications for funding, to approve claims for reimbursement to execute budget and expenditure summary, to sign final release form and sign certification of the project completion, and pledging and dedicating net water revenue to pay DWSRF financing. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Motion: M/S Samra/Sicairos to adopt Resolution 2017-06 stating the Council’s intention to be reimbursed for expenditures incurred ahead of the approval of the disbursement of DWSRF construction funds. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

11. Resolution Approving Amendment No. 2 to the Contract Agreement between the City of Livingston and HDL Coren & Cone to Continue Providing Support Services in Property Tax Areas and Authorizing the Interim City Manager to Execute a Three Year Service Contract Extension.

Interim City Manager Ortiz introduced this item.

Motion: M/S Samra/Sicairos to adopt Resolution 2017-07 Approving Amendment No. 2 to the Contract Agreement between the City of Livingston and HDL Coren & Cone to Continue Providing Support Services in Property Tax Areas and Authorizing the Interim City Manager to Execute a Three Year Service Contract Extension. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

ADJOURNMENT

The meeting was adjourned by consensus at approximately 9:04 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.