51
1 CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, 2020 OPEN SESSION: 7:00 P.M. NOTICE: IN ORDER TO MINIMIZE THE SPREAD OF THE COVID-19 VIRUS, THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR'S EXECUTIVE ORDER N-29-20, WHICH SUSPENDED CERTAIN REQUIREMENTS OF THE BROWN ACT. THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC. ALL MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (605) 468-8002, ACCESS CODE NUMBER 156811# AND WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT. ADDITIONALLY, THE MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg (Some Councilmembers may be participating in the meeting remotely via teleconferencing consistent with the Governor’s Executive Order N-29-20.) Notice is hereby given that the City Council will hold a Regular Meeting on September 1, 2020, at the City Council Chambers, 1416 C Street, Livingston, California or conducted pursuant to the provisions of the Governor’s Executive Order N-29-20. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. The Open Session will begin at 7:00 p.m. The agenda shall be as follows: REGULAR MEETING CALL TO ORDER Next Resolution No.: 2020-54 Next Ordinance No.: 643

CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the

  • Upload
    others

  • View
    0

  • Download
    0

Embed Size (px)

Citation preview

Page 1: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the

1

CITY COUNCIL REGULAR MEETING AGENDA

SEPTEMBER 1, 2020

OPEN SESSION: 7:00 P.M.

NOTICE: IN ORDER TO MINIMIZE THE SPREAD OF THE COVID-19 VIRUS, THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR'S EXECUTIVE ORDER N-29-20, WHICH SUSPENDED CERTAIN REQUIREMENTS OF THE BROWN ACT. THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC. ALL MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (605) 468-8002, ACCESS CODE NUMBER 156811# AND WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT. ADDITIONALLY, THE MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg (Some Councilmembers may be participating in the meeting remotely via teleconferencing consistent with the Governor’s Executive Order N-29-20.) Notice is hereby given that the City Council will hold a Regular Meeting on September 1, 2020, at the

City Council Chambers, 1416 C Street, Livingston, California or conducted pursuant to the

provisions of the Governor’s Executive Order N-29-20. Assistance will be provided to those requiring

accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990.

Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to

this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session

item provided to a majority of the members of the legislative body less than 72 hours prior to the

meeting shall be made available for public inspection by email if requested. The Open Session will

begin at 7:00 p.m. The agenda shall be as follows:

REGULAR MEETING

CALL TO ORDER Next Resolution No.: 2020-54

Next Ordinance No.: 643

Page 2: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the

2

Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Changes to the Agenda.

ANNOUNCEMENTS AND REPORTS

Supervisor Rodrigo Espinoza Announcements and Reports.

City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

CITIZEN COMMENTS

MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL WILL BE GIVEN THE SAME TIME ALLOTMENT FOR COMMENTS (3 MINUTES) AS NORMALLY ALLOWED FOR MEETINGS SUBJECT TO THE PROVISIONS OF EXECUTIVE ORDER N-29-20 This section of the agenda allows members of the public to address the City Council on any item NOT otherwise on

the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify

themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no

action will be taken by the City Council this evening. For items which are on the agenda this evening members of

the public will be provided an opportunity to address the City Council as each item is brought up for discussion.

CONSENT AGENDA

Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless

separate action is requested by the City Manager or City Council Member. There will be no separate discussion of

these items unless members of the City Council or City Manager request that specific items be removed.

1. Approval of Warrant Register Dated August 27, 2020.

2. Approval of Minutes of Meeting Held on July 7, 2020.

3. Approval of Minutes of Meeting Held on August 4, 2020.

4. Approval of Minutes of Meeting Held on August 6, 2020. DISCUSSION AND POTENTIAL ACTION ITEMS

5. Resolution Adopting the Budget and Appropriating Revenue for Fiscal Year 2020/21 and Setting

the GANN Appropriation Limits for Fiscal Year 2020/21.

Page 3: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the

3

6. Receive Direction from the Council to Initiate the Prop 218 Notice Process for the Proposed

Water and Wastewater Rate Increases. This is Only Related to the Initiation of the Process,

Specifically the Sending Out of the 45-Day Notice Advising Tenants and Property Owners of the

Proposed Rate Increases, Protest Procedures and the Date of the Public Hearing. No Rates Will

be Imposed or Decided on at this Meeting.

ADJOURNMENT

Page 4: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 5: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 6: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 7: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 8: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 9: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 10: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 11: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 12: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 13: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 14: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 15: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 16: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 17: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 18: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 19: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 20: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 21: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 22: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 23: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 24: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 25: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 26: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 27: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 28: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 29: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 30: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 31: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 32: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 33: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 34: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the

Page 1 of 10

MEETING MINUTES

WORKSHOPS/REGULAR MEETING

LIVINGSTON CITY COUNCIL

AUGUST 4, 2020

A Workshop/Regular Meeting of the Livingston City Council was held on August 4, 2020, in the City

Council Chambers with Acting Mayor Aguilar presiding.

CALL TO ORDER

Council Member Aguilar called the meeting to order at 5:41 p.m.

ROLL CALL

Mayor Gurpal Samra (Late attendance)

Mayor Pro-Tem Raul Garcia (via teleconference)

Council Member Maria Baptista-Soto

Council Member Juan Aguilar

Council Member Gagandeep Kang

Clerk’s Notes: Mayor Samra was not present for Roll Call, but called in while staff members discussed

the Swainson’s Hawk/Mitigation matter. It was announced on Roll Call that Mayor Samra was absent, but

it was changed to late attendance since he called in during the meeting.

SWAINSON’S HAWK/MITIGATION WORKSHOP

City Manager Ramirez introduced the workshop and explained the reasoning of the process.

Consultant Jim Harnish provided an overview of the workshop and added a background of mitigation

choices.

Contract Planner Hatch shared information on the project, and what is being proposed, 480 units, 20

separate buildings, 84 will be one-bedroom, 300 will be two-bedroom, and 96 will be three-bedroom. It

provides a needed housing option. More extensive information is shared on the project; entrances,

meeting offices, exercise rooms, and pools.

Page 35: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the

Page 2 of 10

Charlie Simpson owner of Basecamp Environmental shares that the Swainson’s hawk is an endangered

species. The hawk is a migratory bird that makes a long commute. They show up here in March to rest

and reproduce. They prefer to use a nest site that is used to forging. The hawks are very faithful to their

nesting sites returning year after year. Forging sites are low croplands or undeveloped lands. He provided

a lengthy discussion and background of the hawk.

City Manager Ramirez adds more information as to the different aspects and what our options are. The

developer is saying now that the project is not feasible for him. Costs are added to the project, and there

is a specific window. The first option for the developer is easy if there were no obstacles. The second

option, if there is any property out there that the city could use, we would have to do a feasibility study,

and we would have to upkeep this property for some time. The third option, we will look at tackling this

through the General Plan, then maybe elevate this for a full EIR and look at what would be considered a

statement of overwriting considerations. To get here, we would need to spend $50,000 - $60,000, and the

developer could pick up those costs, but those decisions need to be made.

Ed Grutzmacher from Meyers Nave talks about the legal considerations along with different options.

Mayor Samra asked if the Swainson’s hawk lifts could that be taken into consideration for the mitigation

at all.

Charlie Simpson responded with more information.

Mayor Samra asked for more clarification on this matter. He wouldn’t like to go all the way through the

General Plan and then have to go backward.

Ed Grutzmacher shared that this would be a lengthy process, and the law is the law, and it is still an

endangered species.

Mayor Samra added that we could move the project forward, but this may have to come back for

mitigation.

Ed Grutzmacher stated yes, it could move forward.

City Manager Ramirez added that they would still need to come up with costs.

Mayor Samra added that he didn’t want to stale the project.

Council Member Aguilar asks about the consequences of moving forward.

Ed Grutzmacher shares information on the possibilities of the city getting sued.

A lengthy discussion followed until the conclusion of the workshop.

BUDGET WORKSHOP

City Manager Ramirez and Finance Director Portillo introduced the budget workshop at 6:37 pm.

Finance Director Portillo presented the proposed 2020/2021 Budget presentation.

Clerk’s Notes: Mayor Samra entered the Council Chambers at 7:01 p.m. and paused the budget

presentation.

Page 36: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the

Page 3 of 10

Mayor Samra shared that we will continue the workshop after the regularly scheduled city council

meeting.

REGULAR MEETING

Mayor Samra called the meeting to order at 7:01 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

ROLL CALL

Mayor Gurpal Samra

Mayor Pro-Tem Raul Garcia (via teleconference)

Council Member Maria Baptista-Soto

Council Member Juan Aguilar

Council Member Gagandeep Kang

CHANGES TO THE AGENDA

None.

ANNOUNCEMENTS AND REPORTS

Supervisor Rodrigo Espinoza Announcements and Reports.

Not in attendance.

City Staff Announcements and Reports.

Captain Bryan Alves gave an update on fire calls within the city and the county. The call volume is up

4%. There has been a slow down since COVID but has been up in July. Training update shared for

volunteer staff and regular staff. They have shown their support for graduations with drive-through with

the engines.

Captain Soria gave an update on traffic violations and recent shootings within the community. He will be

coming up with different ways to address these issues. He has asked Sgt. Kang to come up with ways,

one will be educational and personal contact with the community. Mr. Soira thanked Detective

Kollmann and Sgt. Kang for finding the individual and putting him in jail. Sgt. Ramirez will be in

charge of gangs and coming up with ways of enforcing. He wants to be sure the public feels safe when

they walk the streets.

Council Member Kang made a statement regarding the resolution of 1.5 officers for 1,000 population and

asked where they were.

Captain Soria responded that with that resolution, they should be at 21-22, but currently, they are at 15,

including himself. He noted that it helps when they have enough officers.

Council Member Kang stated that according to the resolution, they are short staff.

Page 37: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the

Page 4 of 10

Mayor Samra added that yes, the resolution was passed, but there have to be funds available. He asked

if they can afford to put more officers out there; this is a conversation for the budget. He pointed out that

the city is at a deficit already, and if he wants to add more officers, it will add to the deficit. The city

can’t write a check if it is going to bounce. He stated that this is something that they are going to discuss.

Moreover, Mr. Samra asked for the city policy on COVID because there should be no parties. He

wondered if they are talking to residents.

Captain Soria responded, yes, they are supposed to be talking to them.

Mayor Samra added that the COVID cases are increasing, and they are getting an alarming number of

calls regarding this. He would like to see more information out there. Mr. Samra doesn’t want to cite

them, just talk to them. He noted that the city is now behind Atwater, and it is challenging to predict

human activity or travel.

City Manager Ramirez added that they are also helping those out there that don’t have a face mask, and

they always want to be helpful to the public.

Council Member Baptista asked about enforcement. She noted that since March, the public had

education, and if they are still having these things going on, they need enforcement.

Captain Soria added that if they have to, they will. Most people have been complying.

Council Member Baptista mentioned that she heard the Mayor say that they have been contacted many

times.

Captain Soria agreed that they had a few calls.

Council Member Aguilar asked Mr. Soria what is causing the shootings.

Captain Soria believes that it has a lot to do with COVID, people are not working, and they are

frustrated. He said that there is a slight increase in shootings all across California.

Council Member Aguilar asked if they have tried more community policing.

Captain Soria said yes. He wants to see his officers on foot patrol, knocking on doors, start talking to

people, and handing out business cards.

City Manager Ramirez added that he is working closely together with property owners because they rent

out or lease their properties, which impacts who comes here.

Mayor Pro-Tem Garcia praised the department and shared how important it is to have a full staff

department. He asked how important it is to have a full staff department.

Captain Soria added that it is essential.

Mayor Pro-Tem Garcia asked if they had a full staff department could they see a decrease in crime.

Captain Soria responded, yes.

Contract Planner Hatch reported on new projects in addition to the Villages, the Moon Glow truck stop

south of the Hammatt 99 interchange along Campbell. The AAA Truck Wash has been rejuvenated, the

applicants have hired a new representative. They have the green zone cannabis business park proposal

Page 38: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the

Page 5 of 10

out on Bird Avenue that is slowly making its way forward. An affordable housing project on D Street,

which they are working with them to get their lot, they have put in a parcel map, and they are working

with Gallo’s engineer to get that finalized. There has been a surprising amount of development activity.

Council Member Aguilar asked about Visionary Housing.

Contact Planner Hatch responded that it is an apartment complex.

City Manager Announcements and Reports.

City Manager Ramirez gave an update on the ACE train. He has been trying to showcase the Livingston

so that they can decide to have the ACE train here. There have been talks about having a station here in

Livingston or Atwater. It will give the city massive opportunities, so he has been trying to make the case

that the city has the property owners on board. He has participated in many different meetings, a study

commission meeting by the University of the Pacific. He has meetings coming up with San Joaquin

Railroad Commission and with Caltrans.

Moreover, Mr. Ramirez noted that the Utility Stakeholders have been looking at ways to decrease

utilities at the wastewater station, so a meeting is coming up soon to get some direction. Also, Mr.

Ramirez shared about “Buy America,” so anything that the city buys the city receives funding with the

Feds, one of those items is the street sweeper. The city has not been able to find a street sweeper that is

all American. The sweeper is on its last leg, so they need to decide what they need to do.

Council Member Aguilar asked for an update on the ongoing efforts with COVID-19.

City Manager Ramirez responded that he is going to continue to engage with the businesses. He has

worked with some of the businesses to move their operations outdoor. Mr. Ramirez has talked to other

businesses weather they tend to cut costs to remain open. He will continue to stay in contact with all the

businesses. Mr. Ramirez has been in touch with the health department to figure out ways to curve the

pandemic. He noted that they would continue to educate the public. Moreover, Mr. Ramirez noted that

the parks are closed to the public and can only be used to exercise. Lastly, City Hall opens from 8 a.m.

to noon. All city facilities get disinfected every Friday.

Council Member Aguilar asked if someone wants to report gatherings, what are the procedures.

City Manager Ramirez informed the public to please call the police department. Also, there is a hotline.

City Council Members’ Announcements and Reports.

None.

Mayor’s Announcements and Reports

Mayor Samra thanked Supervisor Espinoza and other supervisors for voting no on raising the ½ cent

sales tax.

PUBLIC HEARINGS

3. Public Hearing- Resolution Approving Site Plan and Design Review 2020-03, for

Construction of Two Duplexes at 849 Prusso Street, Jose Martinez; APN#:024-162-011.

Contract Planner Hatch introduced this item.

Page 39: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the

Page 6 of 10

Mayor Samra commented that he was contacted by the neighbors that are next to the

project. They shared that they sent an email to the planning department and have never

received a response.

Contract Planner Hatch responded that the department did get an email. They talked

about a garage that was not on the property. He noted that he would need to turn this over

to the building department because it is not part of this project, and it is not on the lot of

this project. He mentioned that the issue was addressed at the planning commission

meeting, and possibly the individual was not listening in for the response.

Mayor Samra asked if he responded to the email.

Contract Planner Hatch said no. They addressed it at the planning commission meeting.

Mayor Samra added that the individuals came to the city and asked for Mr. Hatch by

name, then came another day, and City Hall was closed. 3 to 4 people have tried to

contact Mr. Hatch because they had questions about the zoning. Mr. Samra asked the

council to postpone the item to the next meeting so that the individuals can come and get

a response.

Mayor Samra opened Public Hearing at 8:04 p.m.

Jason Roth asked what comments did they make.

Mayor Samra added that a homeowner in that area sent an email and got no response.

They were not able to look at the plans or talk to staff members. They did speak to

Filomena, but they feel they have not been completely heard.

Jose Moran asked how the doors are going to open.

Council Member Aguilar responded that they are open from the inside.

Mayor Samra closed the Public Hearing at 8:07 p.m., as there were no further comments

from the public.

Council Member Kang asked if the alley would have three or four light bulbs and how it

affects parking.

Contract Planner Hatch responded, no.

Council Member Aguilar asked about the R2 zoning that allows duplexes.

Contract Planner Hatch responded yes with a detailed explanation.

Council Member Aguilar asked who owns the lot.

Page 40: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the

Page 7 of 10

Contract Planner Hatch responded that he does not know; he has not done record

research.

Council Member Aguilar inquired if any safety precautions were taken since it is in front

of Head Start.

Contract Planner Hatch responded no.

Council Member Baptista added that she thought the Mayor wanted to hold off on any

decisions. She asked why the individuals aren’t here today.

Mayor Samra said that they reached out to him at 6:00 pm.

Council Member Baptista asked what they are petitioning.

Mayor Samra responded that he is not sure, they just asked to wait until the next meeting.

Project Developer responded that they are on a timeline.

Council Member Aguilar added that if they hold it off to the next meeting, will it change

anything? He doesn't think so.

Jose Moran added that he was at the planning commission meeting, so there was an

opportunity for them to present their concerns.

Jason Roth shared that they had their opportunity, and they are holding up the council’s

decision.

Motion: M/S Baptista/Kang to approve the Resolution No. 2020-46, Approving Site Plan and

Design Review 2020-03, for Construction of Two Duplexes at 849 Prusso Street, Jose

Martinez; APN#:024-162-011. The motion carried 4-1-0 by the following roll call vote:

AYES: Council Members: Baptista, Aguilar, Kang, Garcia,

NOES: Council Members: Samra

ABSENT: Council Members: None

CITIZEN COMMENTS

Mayor Samra opened Citizen Comments at 8:20 p.m.

Steve Reynolds, Claret Circle, stated that he has a concern for his handicap father because when he

pushes him around on Colleen Court on the sidewalk, there is an object blocking the sidewalk. He

has called numerous times to report the issue.

Mayor Samra closed Citizen Comments at 8:22 p.m.

Mayor Samra directed staff members to make a note of the issue.

CONSENT AGENDA

Page 41: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the

Page 8 of 10

4. Approval of Warrant Register Dated July 30, 2020.

5. Approval of Minutes of Meeting Held on June 2, 2020.

6. Resolution Adopting City of Livingston Master Employee Salary Schedule Effective July

1, 2020.

Motion: M/S Baptista/Aguilar to approve the Consent Agenda. The motion carried 5-0-0 by the

following roll call vote:

AYES: Council Members: Baptista, Aguilar, Kang, Garcia, and Samra

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Resolution of the City Council of the City of Livingston Approving the Employment

Agreement Between the City of Livingston and Anthony Chavarria for the Position of

Public Works Director.

City Manager Ramirez introduced this item.

Council Member Kang shared that he was concerned about how the language read for the

hours worked. He asked if they can change the working hours wording to 8 hours a day

or 40 hours a week.

City Manager Ramirez repeated that Council Member Kang wants to add language that

reads 5/8 hour days.

Director of Public Works Chavarria responded that he does work more than 8 hours a

day, he doesn’t know what the difference will be, but he is ok with the change.

Council Member Kang stated that he is just trying to be fair with the Chief’s contract.

City Manager Ramirez added that Mr. Chavarria didn’t have a problem with it.

Mayor Samra shared that he was ok with the way it was written.

Motion: M/S Kang/Aguilar to approve Resolution No. 2020-48, Approving the Employment

Agreement Between the City of Livingston and Anthony Chavarria for the Position of

Public Works Director. The motion carried 5-0-0 by

the following roll call vote:

AYES: Council Members: Baptista, Aguilar, Kang, Garcia, and Samra

NOES: Council Members: None

ABSENT: Council Members: None

Page 42: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the

Page 9 of 10

8. Resolution of the City Council of the City of Livingston Approving the Employment

Agreement Between the City of Livingston and Christopher Soria for the Position of

Chief of Police.

City Manager Ramirez introduced this item.

Motion: M/S Aguilar/Kang to approve Resolution No. 2020-49, Approving the Employment

Agreement Between the City of Livingston and Christopher Soria for the Position of

Chief of Police. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Baptista, Aguilar, Kang, Garcia, and Samra

NOES: Council Members: None

ABSENT: Council Members: None

Police Chief Chavez from the City of Gustine shared that he has much respect for

Captain Soria and stated that Mr. Soria is a great man.

Captain Soria thanked the City Manager, Mayor, Mayor Pro-Tem, and the Council

Members for having faith in him in protecting the city for approximately a year. He will

do the best. He noted that he has an open communication line with the public, and wants

law enforcement to do its best. Mr. Soria stated that one of the reasons he decided to take

the Chief’s position was for his employees, dispatchers, administrative staff, patrol

officers, and supervisors who are all great people. He wants to give this community a

very professional police department.

9. Resolution Appointing 3 Parks Recreation and Arts Commissioners and 1 Alternate

Commissioner.

Recreation Superintendent Benoit introduced this item. She noted that Eric Aguilar has

asked for his application to be withdrawn.

Council Member Baptista shared that she has reviewed the applications numerous times,

and now they only have four applicants left. Ms. Baptista recommended that they

appoint Hector Becerra, Dennis Brusenski, and Eva Garibay as commissioners, and Linda

Deol as alternate commissioner.

Motion: M/S Baptista/Aguilar to approve the Resolution 2020-50, Appointing Hector

Becerra, Dennis Brusenski, and Eva Garibay as Parks Recreation and Arts

Commissioners and Linda Deol as Alternate Commissioner. The motion carried 5-0-0 by

the following roll call vote:

AYES: Council Members: Baptista, Aguilar, Kang, Garcia, and Samra

NOES: Council Members: None

ABSENT: Council Members: None

ADJOURNMENT

The meeting was adjourned by consensus at approximately 9:35 p.m.

Page 43: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the

Page 10 of 10

__________________________________

Deputy City Clerk of the City of Livingston

APPROVED:

_____________________________

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.

Page 44: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the

Page 1 of 4

MEETING MINUTES

SPECIAL MEETING/BUDGET WORKSHOP

LIVINGSTON CITY COUNCIL

AUGUST 6, 2020

A Special Meeting/Budget Workshop of the Livingston City Council was held on August 6, 2020, in the

City Council Chambers with Mayor Samra presiding.

CALL TO ORDER

Mayor Samra called the meeting to order at 6:10 p.m.

ROLL CALL

Mayor Gurpal Samra

Mayor Pro-Tem Raul Garcia (via teleconference)

Council Member Maria Baptista-Soto

Council Member Juan Aguilar

Council Member Gagandeep Kang

CHANGES TO THE AGENDA

Mayor Samra introduced Christopher Soria as our new Chief of Police.

Mayor Samra proceeded with the swearing-in of new Chief of Police, Christopher Soria.

Clerk’s Note: Break at 6:21 p.m. for family photos.

Clerk’s Notes: The regular workshop was resumed at 6:31 p.m.

BUDGET WORKSHOP

City Manager Ramirez welcomed and thanked everyone for participating in tonight’s workshop. He

noted that the purpose of this workshop is to present a balanced budget. The city has a $300,000 deficit,

and if it does not get balanced, the city will have to dip into the reserves to make a balanced budget.

Finance Director Portillo presented budget workshop #2.

Page 45: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the

Page 2 of 4

City Manager Ramirez added information regarding revenue projections. He shared that HDL is the firm

that periodically does the forecasting in every category.

Finance Director Portillo continued with the presentation.

Mayor Samra shares that the biggest challenge is the general fund, and everyone should ask questions at

this time before they talk about the enterprise funds.

Recreation Specialist Toni Marquez asked if organizational restructure means layoffs. She stated that if

they fill the vacant positions now, they would be running efficiently. Ms. Marquez pointed out that she

works in the recreation department, and they do a lot with what they have. She indicated that they

accommodate people who aren’t able to afford a program. She informed the council that when they

decide on this item, they should consider all the information provided to them.

City Manager Ramirez added that when we talk about furloughs, it means furloughs and wage reduction

because police cannot take a furlough.

Jose Moran, Livingston, shared that he is a co-adviser for Livingston Teen Path. He suggested that maybe

the children could do a fundraiser for the programs, even though the teens don’t participate in the

programs. Mr. Moran expressed how vital recreation is to the community. He stated that without the

children's programs, the children would be on the street doing nothing.

Wapinder Kang, 657 Calero Court (via telephone), thanked the people who spoke about the police

department doing a good job. Moreover, he does not think it is fair for certain employees to get the day

off, and others have to get a pay cut. He noted that the police department is still short staff because of the

resolution passed in 2005 regarding 1.5 officers for every 1000 population. Mr. Kang pointed out that

Vanessa stated that the police department would have the biggest cut of $300,000. He noted that the

officers are working an extreme amount of overtime, and are keeping a safe environment for the

community. Lastly, he understands and agrees that recreation should be a self-funded business.

Recreation Commissioner Julio Millan stated that they had surplus funds before the pandemic, and now

recreation is in trouble. He suggested that instead of making cuts, they should wait until the pandemic is

over and see where they are.

Gabriel Salazar, Livingston, stated that he took a quick review of the department’s budget. The police

department increased almost $500,000, fire department decreased $2,000, public works decreased

$60,000, recreation decreased $47,000, administrative increased $15,000, and city council decreased

$10,000. He is interested to see what the number of vacant positions is. Moreover, he pointed out that

many cities propose furlough or maybe propose a different thing. Lastly, he mentioned that if the city

charges more on recreation programs, it would probably disable people to participate in the programs.

They would end up having kids on the streets because they can’t participate.

City Manager Ramirez stated that in regard to the modification of city services, they are trying to address

the gap. So by shifting the schedule, it would not address the gap.

Mayor Samra asked what other options the city has to increase the revenue aside from cuts. He noted that

user fees and recreation fees could be increased but wondered if there are other income sources.

Finance Director Portillo replied that the one source that they were planning on is not coming in as

expected.

Page 46: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the

Page 3 of 4

City Manager Ramirez noted that the only revenue source that comes to mind is sales tax, increasing

planning fees, or having more individuals purchase fuel.

Mayor Samra informed the public that their options are limited.

Councilmember Kang stated that the city is not safe if they don’t have enough officers. He pointed out

that they need more officers because 1 to 2 officers are not enough on one shift. Moreover, Mr. Kang

stated that it is not fair for some employees to get furloughs.

Councilmember Aguilar asked if furlough days are paid.

Finance Director Portillo responded no.

Councilmember Aguilar pointed out that they are not trying to say that they need to eliminate recreation

or cut programs. What they need to do is close the gap. He noted that he has been against user fee

increases but is considering the current situation. They need to look into it with the condition that they

wouldn’t deny any child an opportunity. Moreover, Mr. Aguilar indicated that he is a big advocate of

public safety. He has been advocating for a second firefighter for years. Since two more complexes are

coming in, they need more police, fire trucks, and personnel. The fire department has communicated that

information. Mr. Aguilar asked if they can check to see how many positions they need, and where will

they get the funding. Lastly, he suggested that they increase some of the impact fees and investigate

recreation fee increases with a notion not to turn any child away. He indicated that every council has

different priorities, and his priority is recreation.

City Manager Ramirez added that the city is at $300,000 in the red, and they are proposing a balanced

budget because they don’t want to take from the reserves. He noted that the council would need to decide

if they wish to dip into the reserves. If you take the $300,000 and add positions, then that number grows.

There was a lengthy discussion on the proposed budget.

Councilmember Baptista added that public safety is important to this city, but survival is important. She

noted that if they don’t have the money, they should not spend what they don’t have on officers. She

would rather have salary reductions than people losing their jobs. Ms. Baptista noted that if they need to

freeze positions, then they need to do it. She indicated that they need to look into excessive spending

habits. Lastly, she pointed out that recreation is losing money because they are not raising user fees. Ms.

Baptista stated that they need to look at each department and come up with solutions. She asked

Councilmember Kang where he is getting the money to hire more officers.

Councilmember Kang stated that they need to ask finance.

Finance Director Portillo said that she is presenting all positions listed within the police budget. She

noted that as long as they leave the current positions vacant, they won’t have to tap into an occupied

position. Ms. Portillo pointed out that the freezing of positions is one of the safest ways to save money,

and no one has to lose their job.

Councilmember Kang stated that it goes back to safety, and asked if City Hall has bulletproof glass.

Mayor Pro-Tem Garcia disagreed with Maria. He said that they need revenue because if crime goes up,

no one will want to move to Livingston. Mr. Garcia pointed out that the shootings are not being addressed

fast enough, so they need more officers on the streets. Moreover, he stated that they approved the police

department’s contract that includes dry cleanings. Mr. Garcia asked how much money they will spend on

overtime.

Page 47: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the

Page 4 of 4

City Manager Ramirez responded to $125,000.

Mayor Pro-Tem Garcia pointed out that it’s one officer’s salary.

City Manager Ramirez shared that they are always looking at adjustments. He indicated that they are

looking at a bare bone budget, and they are trying to be conservative.

Lengthy discussions followed.

Mayor Samra suggested going back to the bargaining groups to ask for their input on finding some

savings. He proposed to have another workshop in a couple of weeks.

Mayor Pro-Tem Garcia agreed with another workshop.

City Manager Ramirez stated that a tentative date is August 25th.

ADJOURNMENT

The special meeting/workshop was adjourned by consensus at approximately 9:30 p.m.

__________________________________

Deputy City Clerk of the City of Livingston

APPROVED:

_____________________________

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.

Page 48: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 49: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 50: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the
Page 51: CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 1, …...city council regular meeting agenda september 1, 2020 open session: 7:00 p.m. notice: in order to minimize the spread of the