4 Approval of Minutes of Meeting Held on December 2, 2014.

Meeting Date: JANUARY 06, 2015

Agenda Item #4. Approval of Minutes of Meeting Held on December 02, 2014.

Note from TheGardeningSnail: Parts of this page may have been prepared by running a PDF Image Document through a program which converts image to text. My apologies for any Textual Gremlins that may have slipped in. Copy of the Original can be found on the City’s Website.

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

DECEMBER 2, 2014

A Closed Session/Regular Meeting of the Livingston City Council was held on December 2, 2014, in the City Council Chambers with Mayor Espinoza presiding.

CALL TO ORDER

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

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra

Council Member Jim Soria (Late Attendance)

Council Member Arturo Sicairos

Council Member David Mendoza (Excused Absence)

Mayor Espinoza opened and subsequently closed Citizen Comments at 6:08 p.m. as there were no comments from the public.

CLOSED SESSION

Mayor Espinoza opened the meeting for public comments at 6:10 p.m. There were no comments and the Council went into Closed Session immediately thereafter to discuss the following matters:

1. Conference with Legal Counsel – Potential Litigation

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

Number of Cases: 2

2. Conference with Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented City Employees

REGULAR MEETING

Mayor Espinoza called the meeting to order at 7:16 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 David Mendoza (Excused Absence)

CLOSED SESSION ANNOUNCEMENTS

No reportable action was taken.

CHANGES TO THE AGENDA

None.

CONFIRMATION OF CANVASS OF MUNICIPAL ELECTION

1. Resolution No. 2014-61 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 4, 2014, Held in and for the City of Livingston and Declaring the Results of Said Election.

Mayor Espinoza introduced this item.

City Attorney Sanchez announced that this resolution was revised and is now slightly different from what is found on the Staff Report.

Mayor Espinoza opened and subsequently closed Public Comments at 7:22 p.m., as there were no comments from the audience.

Motion: M/S Soria/Sicairos to adopt Resolution No. 2014-61 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 4, 2014, Held in and for the City of Livingston and Declaring the Results of Said Election. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Mendoza

INVOCATION

2. Father Pedro Olmos, Merced, and Priest from Guru Nanak Sikh Temple.

The invocation was given by Father Pedro Olmos of Merced and a Priest from the Livingston Guru Nanak Sikh Temple.

OATHS OF OFFICE

3. City Clerk will administer the Oaths of Office to Mayor-elect Rodrigo Espinoza and Council Member-elect Gurpal Samra.

City Clerk Antonio “Tony” Silva administered the Oath of Office to Mayor-elect Rodrigo Espinoza and Council Member-elect Gurpal Samra.

Mayor Espinoza thanked his family and friends for their support. He announced that he does not participate in local politics for self glorification, but rather to improve the lives of the disenfranchised. He will do his best to improve the community from various aspects such as socially, economically, academically, safety, etc.

Council Member Samra announced that although this is his 11th year in local politics he is still as passionate about his duties as when he first started. He elaborated and shared that the main objectives of his term will include improving water quality, public safety, downtown revitalization, and parks.

CITY COUNCIL REORGANIZATION

4. Nomination and Election of Mayor Pro-Tempore.

Mayor Espinoza opened Public Comments at 7:52 p.m.

Planning Commissioner Warren Urnberg congratulated Mayor Espinoza and Council Member Samra on being re-elected. He also added that he appreciates the experience that Gurpal Samra brings to the City Council and that he should be reappointed as Mayor Pro-Tempore.

Tony Silva, 727 Second Street, congratulated the re-elected members of the City Council. He also declared that Council Member Samra’s experience would make him a very capable Mayor Pro-Tempore.

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

Mayor Espinoza welcomed the comments from the audience, but reminded everyone that a Council Member has the right to nominate him/herself.

Motion: M/S Soria/Sicairos to nominate and elect Council Member Samra as Mayor Pro-Tempore. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Mendoza

5. 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 Mendoza, Alternate).

c. Representative/Alternate – Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board. (Currently: Mayor Espinoza, Representative, No Alternate Selected in 2012).

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

e. City Council Liaison – Livingston Parks and Recreation Commission. (Currently: Council Member Soria).

Mayor Espinoza announced that he has been a member of the MCAG Board of Directors for about three or four years. If reappointed, one of his goals would be to obtain the vice-chairperson or chairperson position, as, according to Mayor Espinoza, a minimum of one year of experience is required to be appointed to the vice-chairperson or chairperson position. He believes that it is unfair that a representative from Livingston has not served as chairperson or vice-chairperson for over 20 years. He believes that he has the knowledge and experience needed to advocate for Livingston on critical matters.

Mayor Espinoza opened and subsequently closed Public Comments at 7:58 p.m., as there were no comments from the audience.

Mayor Pro-Tem Samra agreed with Mayor Espinoza’s comments.

Council Member Soria announced that he supports the appointments as outlined on the agenda.

Motion: M/S Soria/Sicairos to maintain appointments to Committees, Commissions, and Boards, as shown on the agenda. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Mendoza

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Supervisor Pedrozo’s Administrative Assistant, Gretchen Croasdale, announced that Supervisor Pedrozo will attend Livingston’s Christmas Parade.

City Staff Announcements and Reports.

Planning Director Holly Owen announced that Rite Aid is making some modifications to their site. Their request can be reviewed and approved at staff level. As part of the Conditions of Approval, staff is requiring that Rite Aid relocate the storage trailers facing Main Street. In addition, Planning Director Owen announced that there may be a vacancy on the Planning Commission as Commissioner Mario Mendoza has not contacted the City about reapplying for his position even after several contacts.

Alternate City Engineer Alfonso Enriquez provided updates on Well #8 and Well #17.

Police Chief Chavez congratulated Mayor Espinoza and Mayor Pro-Tem Samra on being re-elected. In addition, he discussed the City’s burglary statistics and shared that a prolific burglar was caught recently. He shared that the City will install cameras on “hot-spots” to help deter crime and to identify individuals in the process of a crime.

In addition, Police Chief Chavez updated the community on impacts on other public safety matters. Proposition 47 passed this year and is effective immediately. This would reduce eight types of felonies to misdemeanors. Examples include shoplifting items less than $950.00 and bouncing checks of $950.00 or less. Proposition 47 also allows for retroactivity. Moreover, AB60 was also approved, which allows immigrants to obtain a driver’s license.

Council Member Soria asked if Toys for Tots will take place this year.

Police Chief Chavez replied yes. Foster Farms, Dallas Farms, and Livingston High School will all be donating toys.

City Manager Announcements and Reports.

City Manager Ramirez announced that he would like to elaborate on the status of Well #8, as it will be in full production two weeks from Monday. This is good news for Foster Farms. In addition, he shared that the City will be focusing on obtaining grants from the State to improve the City’s water quality and achieve the goals that the Mayor and Mayor Pro-Tem alluded to earlier. In addition, the Cultural Arts District is being finalized and City Council will be formally appointing residents that are passionate about cultural arts. In closing, the City will be reaching out to property owners in the downtown area to see if they could contribute to this coordinated effort, which would include the creation of murals, sculptures, etc.

City Council Members’ Announcements and Reports.

Council Member Soria congratulated the Mayor and Mayor-Pro Tem on being re-elected. He also thanked Supervisor Pedrozo and the community who supported the Livingston Youth Football team this year. Last week the team pulled-off a victory over Los Banos.

Council Member Sicairos congratulated the Mayor and Mayor Pro-Tem on being re-elected.

Mayor Pro-Tem Samra thanked everyone who supported him. He is happy with this City Council and the amount of thought and time they invest into the City. In addition, he shared that City Council and the Planning Commission should have a goal setting workshop early next year to ensure a cohesive vision for the City of Livingston. In closing, Mayor Pro-Tem Samra announced that he supports putting cameras on police officers to provide accountability for the actions of the community and the officers.

Mayor’s Announcements and Reports.

Mayor Espinoza announced that one of his goals would be to review an Ordinance that prevents people from going into other peoples trash cans. A secondary goal would be to raise the maximum allowable height for buildings in the downtown area. Moreover, Mayor Espinoza announced that he recently went to China for 10 days where he had the opportunity to see the Great Wall of China and 4-5 cities. He was very impressed with China and their high level of hospitality. He was fascinated with the country’s scenic beauty. In closing, he shared that he did not use City funds to pay for this excursion. He spent a significant amount of time looking for a Sister City in China.

Council Member Soria announced that Mrs. Manana, a dignitary from South Africa (Tanzania), is looking for a Sister City. Perhaps Livingston can pair up with Tanzania.

CITIZEN COMMENTS

Mayor Espinoza opened Citizen Comments at 8:34 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, announced that Mario Mendoza did not receive a notice and would like to express interest in staying on the Planning Commission. He will send City Hall an official letter expressing his interest. In addition, she announced that she feels like participants were added to the trip to China. She asked who attended the trip.

Mayor Espinoza announced the people who attended the trip and shared that all of their expenses will be disclosed on their annual 700 Forms. A significant goal of this trip was to find a Sister City that Livingston can cultivate a relationship with. (Note from TheGardeningSnail: So…we had the City Manager, The Mayor, A Council Member, and the Public Works Supervisor, along with a Former Mayor of Lathrop who will be running for office in 2016: all on the same trip. Interesting)

Mayor Espinoza closed Citizen Comments at 8:38 p.m., as there were no further comments from the public.

CONSENT CALENDAR

6. Resolution No. 2014-62 Recognizing the November 1984 Anti-Sikh Violence in India as “Genocide.”

7. Approval of Minutes of Meeting Held on August 19, 2014.

8. Approval of Minutes of Meeting Held on September 2, 2014.

9. Approval of Minutes of Meeting Held on September 16, 2014.

10. Approval of Minutes of Meeting Held on October 7, 2014.

11. Approval of Minutes of Meeting Held on October 21, 2014.

12. Approval of Warrant Register Dated November 14, 2014.

13. Approval of Warrant Register Dated November 25, 2014.

Motion: M/S Samra/Sicairos to approve the Consent Calendar. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Mendoza

DISCUSSION AND POTENTIAL ACTION ITEMS

5. Resolution No. 2014-63 Extending Resolution 2012-13 Declaring Intent Not to Enforce Certain Provisions of Livingston Municipal Code Section 5-6-5 to Protect Vacant Legal Nonconforming Residential Units in the Downtown Commercial (DTC) Zoning District for a Period of Two (2) Years from Its Expiration Date of February 7, 2014.

Planning Director Holly Owen introduced this item.

Mayor Espinoza opened Public Comments at 8:42 p.m.

Ranjeet Jhutti, 1199 Barcelona Drive, commended City Council for recognizing the Sikh Genocide. He feels that it is important for a community to celebrate success and embrace shortcomings.

Mayor Espinoza closed Public Comments at 8:45 p.m. as there were no more comments taken from the audience.

Motion: M/S Soria/Sicairos to adopt Resolution No. 2014-63 Extending Resolution 2012-13 Declaring Intent Not to Enforce Certain Provisions of Livingston Municipal Code Section 5-6-5 to Protect Vacant Legal Nonconforming Residential Units in the Downtown Commercial (DTC) Zoning District for a Period of Two (2) Years from Its Expiration Date of February 7, 2014. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Mendoza

ADJOURNMENT

The meeting was adjourned by consensus at 8:47 p.m.

__________________________________

City Clerk of the City of Livingston

APPROVED: January 6, 2015

_____________________________

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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