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

Meeting Date: December 02, 2014

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

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

OCTOBER 21, 2014

A Closed Session/Regular Meeting of the Livingston City Council was held on October 21, 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 (Excused Absence)

Council Member Arturo Sicairos

Council Member David Mendoza

CITIZEN COMMENTS

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

CLOSED SESSION

Mayor Espinoza opened the meeting for public comments at 6:09 p.m. There were no comments and the Council went into Closed Session immediately thereafter to discuss the following matter:

1. 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 7:00 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 (Present-Late Arrival)

Council Member Arturo Sicairos

Council Member David Mendoza

CLOSED SESSION ANNOUNCEMENTS

No reportable action was taken.

CHANGES TO THE AGENDA

None.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Supervisor Pedrozo’s assistant announced that there is nothing to report, but she made herself available for questions. No questions were given.

City Staff Announcements and Reports.

None.

City Manager Announcements and Reports.

City Manager Ramirez reported that the City is hosting a Christmas decoration contest. Entrees will be displayed outside of City Hall. This event leads up to the Christmas Parade. In addition, City Manager Ramirez reported that the City will be moving forward with the Gallo Park project.

City Council Members’ Announcements and Reports.

None.

Mayor’s Announcements and Reports.

None.

CITIZEN COMMENTS

Mayor Espinoza opened Citizen Comments at 7:05 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, Livingston, asked if a police officer could pull over a resident and require them to forfeit their cash. Also, she asked for clarification on the difference between Criminal and Civil Asset Forfeiture.

Police Chief Chavez replied that Criminal Asset Forfeiture occurs when a sum of money is directly connected to a crime. An example would be a drug deal. By seizing the funds, as evidence, a drug deal is prevented from escalating. Nevertheless, police officers will normally not ask questions about money.

City Attorney Sanchez replied that he will define Civil Asset Forfeiture after conducting additional research.

Mrs. Schell-Rodriguez replied that she is concerned that police officers will begin to request Asset Forfeitures.

Police Chief Chavez replied that this has not been an issue in the past and he does not expect this to become a problem.

Mario Mendoza, 1421 Brandy Court, announced that he is concerned that local politicians are slandering his reputation. In addition, he reported that Measure R is causing a debt of $10,000.00. Measure R would extend the Mayor’s term from 2 years to 4 years.

Luis Flores, 707 Almonwood Drive, asked if the City is assisting the 4th of July Committee with their bills.

City Manager Ramirez replied that the 4th of July Committee brought five issues to his attention and the City was able to assist them with at least two bills.

Mr. Flores asked how much aid was given to them.

City Manager Ramirez replied that the total cost of aid was approximately $1,600.00.

Mayor Espinoza closed Citizen Comments at 7:17 p.m. as there were no more comments from the public.

CONSENT CALENDAR

1. Waive the Second Reading and Adopt Ordinance No. 620 of the City Council of the City of Livingston Amending the City of Livingston Zoning Map.

2. Council Authorize Purchase of Air Compressor and Jack Hammer Equipment from BlueLine  Rental.

3. City Council to Accept Donation of One 26-Passenger Mini Bus from the Merced County Association of Governments.

4. Recommendation to Accept Completion of the “B” Street School Sewer Line, Record a Notice of Completion with Merced County. (Resolution No.2014-56).

5. Approval of Minutes of Regular Meeting of July 22, 2014.

6. Approval of Minutes of Regular Meeting of August 5, 2014.

7. Approval of Warrant Register Dated October 16, 2014.

Motion: M/S Samra/Sicairos to approve the Consent Calendar, items number two through number seven. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Mayor Espinoza left the Council Chambers.

Motion: M/S Samra/Sicairos to approve the Consent Calendar item number 1. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

ABSTAIN: Council Members: Espinoza

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Resolution No. 2014-57 Consenting to the Inclusion of Properties within the City’s Jurisdiction in the California HERO Program to Finance Distributed Generation Renewable Energy Sources, Energy and Water Efficiency Improvements and Electric Vehicle Charging Infrastructure and Approving an Amendment to a Certain Joint Powers Agreement Related Thereto.

City Manager Ramirez introduced this item.

John Law, representative from the HERO Program, gave a quick overview about the program.

Mayor Espinoza opened this item for Public Comments at 7:24 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, Livingston, asked Mr. Law where his agency is located.

Mr. Law replied that his headquarters is based in San Diego, but his agency has employees in the Central Valley.

Mrs. Schell-Rodriguez asked if this program can be problematic since it is going to be an assessment on property tax.

Mayor Pro-Tem Samra replied that he sees no issues with this program because it is conducted on a voluntary basis.

Mayor Espinoza closed Public Comments at 7:28 p.m., as there were no more comments from the public.

Council Member Sicairos asked if this program is also available to renters.

Mr. Law replied that he envisions there being a demand for this program from renters.

Motion: M/S Samra/Sicairos to adopt Resolution No. 2014-57 Consenting to the Inclusion of Properties within the City’s Jurisdiction in the California HERO Program to Finance Distributed Generation Renewable Energy Sources, Energy and Water Efficiency Improvements and Electric Vehicle Charging Infrastructure and Approving an Amendment to a Certain Joint Powers Agreement Related Thereto.

The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

9. City Council Authorize the Reinstatement of Police Narcotics Canine Program.

Police Chief Chavez discussed the benefits of using canines to find narcotics. In addition, Chief Chavez brought two County Officers and a canine to provide a demonstration. This program would be funded by the criminal seizures that the City confiscates.

Police Chief Chavez played a video about police narcotics canine programs.

Chief Chavez announced that the program is quite affordable. The cost of the program ranges between one thousand and two thousand dollars per year, most of which is dog-food related. However, many large retail stores could donate the dog food.

Sergeant Ray Framstad announced that he has worked with the narcotics task force for several years. There are two specific cash seizures that he can remember totaling $400,000.00.

In addition, Sergeant Framstad announced that dogs can be cross trained to search for various types of drugs or bombs. Canines can help conduct a narcotics search at schools, public streets, etc. They also have a very low liability threat.

Mayor Pro-Tem Samra asked if a canine alert could warrant a police officer to search a car.

Sergeant Framstad announced that this can be done for moving objects, but not for immobile objects, such as a home.

Mayor Espinoza closed Public Comments at 7:49 p.m., as there were no more comments from the public.

Council Member Soria announced that he worked narcotics with Stanislaus County and his experience there showed him that canines can save time, money, and lives.

Motion: M/S Espinoza/Soria that the City Council Authorize the Reinstatement of Police Narcotics Canine Program. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Mendoza

ABSENT: Council Members: None

10. City Council to Accept Donation of One Peace Keeper Armored Vehicle from the United States Federal Government.

This item was introduced by Police Chief Chavez.

Mayor Espinoza opened this item for Public Comments at 7:53 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, Livingston, asked how the vehicle will be transported and how fuel efficient it is.

Police Chief Chavez replied that these vehicles get between eight and ten miles per gallon. They have very limited use and that the most expensive cost is for transporting them from Texas.

Mayor Espinoza added that these are high quality vehicles.

Council Member Sicairos asked if it would be cheaper to have a company deliver the vehicle from Texas to Livingston.

Chief Chavez replied it would not be cheaper to have a company deliver the vehicle.

Luis Flores, 707 Almoonwood Drive, asked why these vehicles are needed.

Police Chief Chavez replied that this vehicle can be used to save lives when needed. This bullet-proof vehicle can be used to protect an officer during a robbery or a shooting.

Mayor Espinoza closed Public Comments at 8:10 p.m., as there were no more comments from the public.

Council Member Soria asked what type of color scheme the vehicle will have.

Police Chief Chavez replied that a neutral color would be appropriate.

Council Member Mendoza believes that there is no need for this vehicle.

Council Member Sicairos asked who will drive it.

Chief Chavez replied that the Police Department has two eligible drivers.

Mayor Pro-Tem Samra announced that he has mixed feelings about this item. He supports the canine program, but has an issue with spending funds to transport a vehicle that may not be used.

Mayor Espinoza hopes that the City will never need to use this vehicle, but he finds comfort in knowing that it would be available.

Chief Chavez announced that this vehicle may save an officer’s life.

Motion: M/S Espinoza/Soria that the City Council Accept Donation of One Peace Keeper Armored Vehicle from the United States Federal Government. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Mendoza

ABSENT: Council Members: None

11. Resolution No. 2014-57 Approving the Purchase of Playground Equipment from Ross Recreation Equipment and Picnic Area Shelters from PorterCorp c/o All About Play for the Gallo Park Improvements Project, Making Findings Supporting that the Procurement for this Equipment is Exempt from Competitive Bidding Requirements and Authorizing the City Manager to Order the Equipment from these Select Manufacturers.

City Manager Ramirez introduced this item.

Mayor Espinoza opened this item for Public Comments at 8:16 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, Livingston, wanted additional information about this item.

City Manager Ramirez replied that equipment needs to be purchased to meet the grant deadline.

Mayor Espinoza closed this item for Public Comments at 8:22 p.m. as there were no more comments from the public.

Council Member Soria announced that he would like to see visuals or renders of this equipment in the park.

City Manager Ramirez replied that renders can be provided.

Motion: M/S Soria/Sicairos to adopt Resolution No. 2014-58 Approving the Purchase of Playground Equipment from Ross Recreation Equipment and Picnic Area Shelters from PorterCorp c/o All About Play for the Gallo Park Improvements Project, Making Findings Supporting that the Procurement for this Equipment is Exempt from Competitive Bidding Requirements and Authorizing the City Manager to Order the Equipment from these Select Manufacturers. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

ADJOURNMENT

The meeting was adjourned by consensus at 8:25 p.m.

_________________________________

City Clerk of the City of Livingston

APPROVED: December 2, 2014

_____________________________

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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