Approval of Minutes of Meeting Held on May 16, 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: JULY 18, 2017

 

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

MAY 16, 2017

A Closed Session/Regular Meeting of the Livingston City Council was held on May 16, 2017, in the City Council Chambers with Mayor Soria presiding.

CALL TO ORDER

Mayor Soria called the meeting to order at 6:06 p.m.

ROLL CALL

Mayor Jim Soria

Mayor Pro-Tem Gurpal Samra

Council Member Juan Aguilar

Council Member Arturo Sicairos

Council Member Alex McCabe

Mayor Soria opened and subsequently closed Citizen Comments at 6:07 p.m. as there were no comments from the public.

CLOSED SESSION

Mayor Soria opened the meeting for public comments at 6:08 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 Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiators:  Jose M. Sanchez, City Attorney

Unrepresented Employee – Acting Interim City Manager

4. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiators: Acting City Manager Ruben Chavez

and City Attorney Jose M. Sanchez

Employee Organizations: All Represented and Unrepresented City Employees

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

CLOSED SESSION ANNOUNCEMENTS

No reportable action was taken.

CHANGES TO THE AGENDA

Items #13 and #14 were moved ahead of the Public Hearing section of the agenda.

ANNOUNCEMENTS AND REPORTS

Supervisor Rodrigo Espinoza Announcements and Reports.

Supervisor Espinoza announced that Item No. 1 is important because it prevents the State from absorbing some of the City’s water rights. He made himself available for questions. No questions were given.

City Staff Announcements and Reports.

Police Chief Chavez announced that the County held the Merced Memorial Service recognizing law enforcement from the County and the State.

Fire Chief Carter gave a PowerPoint presentation featuring the Fire Department’s Emergency Activity Report. Within the City limits there were 67 medical aids, 1 alarm sounding, 2 vehicle aids, etc. The total incidents to date total 579 (of which, 463 were within the City, and 116 were within the County). Recent fire staff training included training on weed abatement, building inspections, wildland fire fighting, and fire safety with roof-mounted solar panels.

City Manager Announcements and Reports.

None.

City Council Members’ Announcements and Reports.

Council Member McCabe thanked Council Member Aguilar for organizing the Fire Department’s Pancake Breakfast. He thanked the 4th of July Committee for organizing the Cinco de Mayo Festival.

Council Member Aguilar directed staff to establish a Parks and Recreation Commission The City has received 6 applications from the community.

Council Member Sicairos thanked Council Member Aguilar for re-establishing the Parks and Recreation Commission.

Mayor Pro-Tem Samra thanked the Police and Fire Departments for assisting with recent community events.

Mayor’s Announcements and Reports.

Mayor Soria noted that the City participated in One Voice, which advocated at Washington D.C. for USDA-related projects. The City is considering developing a new fire station.

DISCUSSION AND POTENTIAL ACTION ITEMS:

13. Resolution Appointing Jose Antonio Ramirez as City Manager, Approving a City Manager Employment Agreement between the City of Livingston and Jose Antonio Ramirez for Service as City Manager and Setting Terms of Employment, Salary and Benefits.

This item was moved ahead of the Public Hearing.

City Attorney Sanchez noted that the City spent several months recruiting candidates for the position of City Manager. Jose Antonio Ramirez was the best candidate and the best fit. He was previously a City Manager for Livingston, and has many years of experience at other jurisdictions. There have been changes to the agreement regarding CalPers contribution. Section 6 C1 will be amended to reflect the required contributions for Classic Employees. Section 6 C2 will be deleted.

Motion: M/S McCabe/Samra to adopt Resolution 2017- 28 Appointing Jose Antonio Ramirez as City Manager, Approving a City Manager Employment Agreement between the City of Livingston and Jose Antonio Ramirez for Service as City Manager and Setting Terms of Employment, Salary and Benefits. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Council Member Samra noted that he received many positive comments about Jose Antonio Ramirez.

Mayor Soria noted that he hopes the City Manager helps bring more employment, services, and entertainment to the City.

Police Chief Chavez congratulated Jose Antonio Ramirez.

14. Discussion and Possible Adoption of a Resolution Declaring the City a Sanctuary City or a Resolution Affirming the City’s Commitment to the Values of Dignity, Inclusivity, and Respect for all Individuals.

Council Member Aguilar introduced this item. He noted that there are two resolutions to discuss. Both options are meant to unify and solidify the community.

City Attorney Sanchez gave an overview of the Staff Report. The cities of Los Angeles, San Francisco, and other jurisdictions throughout the Country are already sanctuary cities. Immigration is enforced by State and Federal Agencies. Jurisdictions that do not comply with federal cooperation may be partly defunded. Sanctuary Cities may lose federal funds intended to improve streets, water, housing programs, etc. Sanctuary status may prevent jurisdictions from applying for future grants or loans. The City of San Francisco has filed a law suit arguing that this Executive Order is unlawful. The courts have pre-determined that San Francisco is correct. The State has the Trust ACT, which gives local jurisdictions the flexibility with assisting ICE. The Trust ACT requires that ICE explain why they want to interview detainees.

Mayor Soria opened Public Comments at 8:01 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, had the following questions:

o Will either resolution affect current policies?

o How will this resolution affect the handling of immigrants breaking Federal crimes?

City Attorney Sanchez noted that the City does not have a policy regarding compliance with ICE. Regarding immigrants committing violent crimes, the process will be the same as it is now.

County Supervisor Espinoza noted that communities should support each other, as has been done in the past.

Leiena Parada, resident of Livingston, noted that it is important to defend undocumented residents.

Adriana Meza, 1209 4th Street, noted that ICE separates families. This results in incidental social and economic problems for the community.

Crissy Gallardo, Merced Organizing Project, noted that Attorney General Becerra will defend sanctuary cities from losing federal funds.

Flor Braccerra, resident of Livingston, noted that many immigrants contribute to the local economy by paying sales tax, housing, goods, and services.

Ricardo Soria, resident of Livingston, noted that his soccer league has been targeted by ICE. Several players are being monitored by ankle bracelets.

Police Chief Chavez thanked the City Attorney for introducing this item and thanked the community for being present. The Police Department will not ask for immigration status.

Mayor Soria closed Public Comments at 8:40 p.m., as there were no further comments from the public.

Mayor Pro-Tem Samra noted that sanctuary status does not impact the Police Department’s current policy. Instead of supporting sanctuary status, he recommends starting a fund to assist people who want to obtain legal status.

Council Member Sicairos noted that he wants the community to understand that sanctuary status does not prevent ICE from detaining local immigrants. Either way, he would like to set-up workshops to educate people about their rights.

Council Member McCabe noted that he is in support of sanctuary city status.

Mayor Soria noted that there is a serious threat of losing Federal Funding if the City obtains sanctuary status. Sanctuary status does not prevent other authority agencies like ICE, Highway Patrol, or Sheriff’s Department from detaining immigrants.

Motion: M/S McCabe/Aguilar to adopt Resolution 2017-29 Declaring the City a Sanctuary City. The motion carried 3-2 by the following roll call vote:

AYES: Council Members: Aguilar, McCabe, Sicairos

NOES: Council Members: Samra, Soria

ABSENT: Council Members: None

PUBLIC HEARING

1.  Discussion and Possible Adoption of Resolution Approving Memorandum of Understanding Forming the Merced Irrigation-Urban Groundwater Sustainability Agency and Declaring Its Intention to Fulfill Its Commitment to the Sustainable Groundwater Management Act as Part of the Merced Irrigation-Urban Groundwater Sustainability Agency.

City Engineer Gouveia noted that this item was recently presented by MID. This is an unfunded mandate by the State.

Mayor Soria opened the Public Hearing at 9:32 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked why the City should participate in a regional effort.

City Engineer Gouveia replied that a regional collaborative approach is more economical. It will allow the City to access specialists from other jurisdictions.

Mayor Soria closed the Public Hearing at 9:34 p.m., as there were no further comments from the public.

Motion: M/S Samra/Sicairos to adopt Resolution No. 2017-30 Approving a Memorandum of Understanding Forming the Merced Irrigation-Urban Groundwater Sustainability Agency and Declaring Its Intention to Fulfill Its Commitment to the Sustainable Groundwater Management Act as Part of the Merced Irrigation-Urban Groundwater Sustainability Agency. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CITIZEN COMMENTS

Mayor Soria opened Citizen Comments at 9:38 p.m.

Planning Commissioner Robert Wallis, 1697 Spruce Court, thanked Fire Department Engineer McCarroll for addressing the building code violations discussed during the last Planning Commission meeting.

Katherine Schell-Rodriguez, P.O. Box 163, asked if the Camping Storage Ordinance pertains to general camping or homeless camp sites.

City Attorney Sanchez noted that Item #2 has been pulled from the Consent Agenda.

Mayor Soria closed Citizen Comments at 9:42 p.m., as there were no further comments from the public.

CONSENT AGENDA

2. Waive Second Reading and adopt Ordinance No. 630 of the City Council of the City ofLivingston Amending Title 8, “Health and Sanitation” to Add Chapter 9, “Camping and Storage of Personal Property” to the Municipal Code.

3. Resolution No. 2017-31 Authorizing the Acting City Manager to Prepare and Enter into a Lease with Hewlett-Packard for Computers, Monitors, and Associated Hardware/Software and Authorizing the Use of Mid-Valley IT to Install the Equipment and Software.

4. Resolution No. 2017-32 Accepting Completion of the CMAQ – Sidewalk Infill Project, Federal Project No. CML-5256(016), Authorizing the City Clerk to File a Notice of Completion with Merced County, and Authorizing the Acting City Manager to Release Payment and Performance Bonds and Make Final Payment of Retention Monies to FBD Vanguard Construction, Inc.

5. Resolution No. 2017-33 Accepting Completion of the Downtown Street Improvements Project, Authorizing the City Clerk to File a Notice of Completion with Merced County, and Authorizing the Acting City Manager to Release Payment and Performance Bonds and Make Final Payment of Retention Monies to Rolfe Construction.

6. Resolution No. 2017-34 Accepting Completion of the CMAQ – F Street Pedestrian/Bike Improvements Project, Federal Project No. CML-5256(014), Authorizing the City Clerk to File a Notice of Completion with Merced County, and Authorizing the Acting City Manager to Release Payment and Performance Bonds and Make Final Payment of Retention Monies to George Reed, Inc.

7. Approval of Minutes of Meeting Held on June 8, 2016.

8. Approval of Minutes of Meeting Held on February 21, 2017.

9. Approval of Minutes of Meeting Held on March 7, 2017.

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

11. Approval of Warrant Register Dated April 28, 2017.

12. Approval of Warrant Register Dated May 11, 2017.

Motion: M/S Samra/McCabe to approve the Consent Calendar with new language for Item No.2. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS:

15. Discussion – Max Foster Sports Complex Soccer Fields.

Ricardo Soria recommends having community events at Memorial Park, or the vacant lot next to Campus Park School, instead of the Max Foster Sports Complex to prevent damaging the soccer fields.

Mayor Soria asked Police Chief Chavez if one venue provides benefits for traffic and security.

Police Chief Chavez noted that the Sports Complex is much easier to monitor and access.

Mayor Soria opened and closed Public Comments at 10:03 p.m., as there were no comments from the public.

Council Member McCabe will attend the Soccer League meeting to discuss these matters further.

Mayor Soria re-opened Public Comments at 10:13 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, noted that the City has outgrown Memorial Park for community events. The City should provide the carnival with an outdoor permit with terms and conditions of approval.

Julio Valadez, Chairman of the 4th of July Committee, announced that these issues should be directed to his committee. The 4th of July Festival was relocated from Memorial Park to the Max Foster Sports Complex because of safety reasons (as the fireworks show was too close to new high school buildings). In addition, his goal is to raise enough funds next year to beautify the Max Foster Sports Complex.

Mayor Soria would like to see a maintenance checklist for applicants occupying the park, to help ensure that the park is not damaged.

Mayor Pro-Tem Samra would like the Parks and Recreation Commission to come up with a use permit for the Max Foster Sports Complex.

Mayor Soria closed Public Comments at 10:28 p.m., as there were no further comments from the public.

ADJOURNMENT

The meeting was adjourned by consensus at approximately 10:30 p.m.

_____________________________________

Deputy City Clerk of the City of Livingston

APPROVED: July 18, 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.