3. Approval of Minutes of Meeting Held on December 16, 2014

Meeting Date: FEBRUARY 03, 2015

Agenda Item #3. Approval of Minutes of Meeting Held on December 16, 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. I may also have broken up some of the longer paragraphs for ease of reading.

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

DECEMBER 16, 2014

A Closed Session/Regular Meeting of the Livingston City Council was held on December 16, 2014, in the City Council Chambers with Mayor Espinoza presiding.

CLOSED SESSION

Closed Session was canceled due to lack of a quorum.

REGULAR MEETING

Mayor Espinoza called the meeting to order at 7:12 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 (Excused Absence)

Council Member David Mendoza (Excused Absence)

CLOSED SESSION ANNOUNCEMENTS

Closed Session was canceled due to lack of a quorum.

CHANGES TO THE AGENDA

None.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Introduction of new Livingston Police Cadets by Chief Ruben Chavez and School

Resource Officer Zeus Baldevia.

Police Chief Ruben Chavez introduced the Livingston Police Cadets and School Resource Officer Zeus Baldevia. Officer Baldevia explained that this program is similar to the Police Explorers program except that it is targeted at a younger age group. He added that this program gives the youth a great opportunity to discover if law enforcement would be a field that they would like to enter as adults.

Mayor Espinoza thanked the Police Department for being active members of the community and for implementing programs that focus on youth development.

Council Member Soria thanked the Police Department and the Cadets for making Livingston a safer community.

Mayor Pro-Tem Samra thanked the Police Department and the Cadets for their commitment to the Cadet program.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Supervisor Pedrozo’s Administrative Assistant Grethel Croasdale announced that Supervisor Pedrozo wished the City Council and the community a happy holiday season.

City Staff Announcements and Reports.

City Engineer Mario Gouveia announced that staff is expecting the new playground equipment for Gallo Park to arrive soon.

Parks and Recreation Superintendent Jacquie Benoit wished the community a happy holiday season. In addition, she announced that she expects next year’s Christmas festivities to be bigger and better.

Mayor Espinoza thanked Superintended Benoit for doing a great job.

Mayor Pro-Tem Samra commended Superintendent Benoit for doing a phenomenal job organizing the Christmas Parade.

Police Chief Chavez discussed recent Police Department related activities. In particular, he discussed statistics regarding animal control, robberies, and gang enforcement. Chief Chavez announced that Kops for Kids was a very successful event this year. His staff enjoyed distributing gifts to underprivileged children. He thanked the sponsors who supported this event and donated toys.

Merced County Sheriff’s Sergeant Ray Framstad announced that County officers are currently receiving training on how to handle narcotic related activities. Moreover, Sergeant Framstad announced that several marijuana houses have been identified throughout the County. His staff is working hard to limit the number or marijuana offenders. In closing, Sergeant Framstad thanked everyone for their time and wished the community a happy holiday season.

City Manager Announcements and Reports.

City Manager Jose Ramirez announced that he and Finance Director Odi Ortiz have recently been conducting research regarding the tax sharing agreement between the City and the County. Their analysis revealed inconsistency with how the County was taxing certain properties. There is a chance that the County may owe the City money, but this is a matter that needs additional investigation. On a separate note, City Manger Ramirez announced that he recently obtained training at Rancho Cordova with the State Regional Water Control Board to discuss current issues regarding recycling, weed control, green waste programs, etc.

Furthermore, City Manager Ramirez announced that he recently received an e-mail and written notice from Cara Fernandes who is claiming that the City must reimburse Jim Fernandes and Jack Bulwa for an agreement that was entered into with the City of Livingston in 1987. Staff will continue to follow-up on this matter and will provide updates accordingly.

In closing, Planning Commission Chairperson Luis Flores had some questions regarding zoning and the use of sites. One specific site in question is the property where the Court Theater used to be located. Planning staff will examine his inquiries to ensure that City-owned sites are being used appropriately.

Mayor Espinoza announced that the City should consider installing portable handicap restrooms outside of some City-owned spaces.

City Council Members’ Announcements and Reports.

Nothing to report.

Mayor’s Announcements and Reports.

Mayor Espinoza thanked everyone who contributed to the Christmas Parade.

CITIZEN COMMENTS

Mayor Espinoza opened Citizen Comments at 7:39 p.m.

Katherine Schell-Rodriquez, P.O. Box 163, thanked City Manager Ramirez for preparing the Public Works Department for the recent storm. In addition, she asked the following questions:

· She asked if the newest Development Agreement with Gallo will discuss the ownership of Well #15.

· She asked when the new wastewater discharge requirements will be finalized.

· She asked if the City will host a mid-year budget review.

· She asked if the community was notified about the upcoming Planning Commission meeting, which will discuss the approval process for tobacco shops and hookah lounges.

City Attorney Jose Sanchez replied that the City is currently discussing ownership of Well#15 with Gallo. This item may be included as an amendment to the existing Development Agreement. In addition, the planning item that Mrs. Schell-Rodriguez alluded to was posted in the newspaper, so the community was notified.

City Manager Ramirez announced that new wastewater discharge requirements will be reviewed and implemented sometime soon.

Finance Director Odi Ortiz announced that staff is currently developing a preliminary budget review. He hopes to provide updates in January or February.

Mayor Espinoza closed Citizen Comments at 7:47 p.m., as there were no further comments from the public.

CONSENT CALENDAR

2. Resolution 2014-64 Approving Acceptance of a Grant from the Volunteer Fire Assistance Program (VFA) for the 2014-15 State Fiscal Year to Assist in the Purchase of New Turn Outs and Other Safety Equipment for the Livingston Fire Department.

3. Resolution 2014-65 to Grant an Easement to Merced Irrigation District.

4. Resolution 2014-66 Approving a Successor Memorandum of Understanding Between the City of

Livingston and the Livingston Police Officers’ Association (LPOA) OE3 Unit for the Period of

January 1, 2015 through June 30, 2015.

5. Resolution 2014-67 Approving a Successor Memorandum of Understanding Between the City of

Livingston and the Livingston Police Supervisors’ OE3 Unit for the Period of January 1, 2015 through June 30, 2015.

6. Denial of Claim for Loss of Parent from Asadullah Choudhry on Behalf of the Estate of Mohammad Choudhry.

7. Approval of Warrant Register Dated December 11, 2014

Motion: M/S Samra/Soria to approve the Consent Calendar. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Soria, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Mendoza

DISCUSSION AND POTENTIAL ACTION ITEMS

8. City Council to Provide Staff Direction for Appointment to the Planning Commission

City Attorney Sanchez announced that Planning Commissioner Mario Mendoza has provided a letter to the City, stating that he is interested in being reappointed to the Planning Commission.

Council Member Soria announced that he knows of other residents who have expressed interest in being part of the Planning Commission.

Mayor Espinoza opened and subsequently closed Public Comments at 7:50 p.m., as there were no comments from the audience.

Mayor Pro-Tem Samra announced that the City should consider all of its options, including re-advertising the position for 30 days.

Motion: M/S Samra/Soria to advertise the position of Planning Commission member for a period of 30 days. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Soria, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Mendoza

9. Resolution 2014-68 Approving the First Amendment and Restatement to Agreement for Employment Between the City of Livingston and Odilon Ortiz, Jr. for the Position of Assistant City Manager/Finance Director.

City Manager Ramirez thanked Finance Director Ortiz for dedicating over three years of service to the City of Livingston. He is recommending that the City Council approves his contract extension for a period of 3 years.

City Attorney Sanchez added that a few changes will be made to his contract, such as including step increases (as is done with other employees) and giving him the ability to cash-out 5 days of vacation per year. City Attorney Sanchez thanked Finance Director Ortiz for voluntarily taking furlough days. City Attorney Sanchez concluded his announcement by stating that it has been a pleasure working with Finance Director Ortiz.

Mayor Espinoza opened and subsequently closed Public Comments at 7:56 p.m., as there were no comments from the audience.

Mayor Espinoza thanked Finance Director Ortiz for voluntarily taking furlough days during these tough economic times.

Motion: M/S Samra/Soria to adopt Resolution 2014-68 Approving the First Amendment and Restatement to Agreement for Employment Between the City of Livingston and Odilon Ortiz, Jr. for the Position of Assistant City Manager/Finance Director. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Soria, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Mendoza

10. Award of Contract to Loprest Treatment Company to Supply Three Complete Water Filtration Systems for the Removal of Arsenic and Manganese at Wells #13, #17, and #15.

Alternate City Engineer Alfonso Manrique introduced this item.

City Manager Ramirez announced that this project is taking a long time to complete because it requires compliance with the CDBG.

Mayor Pro-Tem Samra replied that this is great news. He is happy to hear that many water quality issues will be resolved by the end of 2015.

Alternate City Engineer Manrique explained how a blended filtration system functions.

Mayor Espinoza opened this item for Public Comments at 8:08 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, announced that she noticed that funds have been borrowed from the TCP settlement account to kick-start many water related projects. She asked if the City knows when the TCP account will be repaid.

City Manager Ramirez replied that grant funding from CDBG may be used to repay the TCP account.

Mayor Espinoza closed Public Comments at 8:11 p.m. as there were no additional comments from the audience.

Motion: M/S Samra/Soria to Award a Contract to Loprest Treatment Company to Supply Three Complete Water Filtration Systems for the Removal of Arsenic and Manganese at Wells #13, #17, and #15. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Soria, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Mendoza

ADJOURNMENT

The meeting was adjourned by consensus at 8:12 p.m.

__________________________________

City Clerk of the City of Livingston

APPROVED: February 3, 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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