year. She noted that the Livingston Lions Club is going to pay for the trees and collect the money from
people so there would be no impact on the recreation department. Moreover, recreation is working on the
I OOth year anniversary. They are looking for families that have lived in Livingston for at least four
generations. They would like to do a family scrapbook for the different generations.
Council Member Baptista thanked Donna Duffey (from the Livingston Lions Club) for presenting the
proposal. She stated that it is an outstanding idea.
Council Member Aguilar stated that it’s great to have the collaboration and cooperation of other
organizations. Moreover, he asked if recreation is planning to do anything for Halloween.
Recreation Superintendent Benoit replied that in light of covid-19, they have no plans on doing Trunk or
Treat.
Fire Captain Alvis reported that the type 6 engine was gone for nearly sixty days on fires.
Council Member Aguilar welcomed Mr. Alvis back. He asked Mr. Alvis to explain why it was good for
the type 6 engine to be out for about six weeks.
Fire Captain Alvis replied that they are able to help other departments when there are major wildfires. The
City also gets reimbursement for using the equipment, which helps reimburse the fire department’s fund.
Council Member Kang asked if the reimbursed funds were going to be put in a specific account.
Fire Captain Alvis replied that when they started renting out the equipment, they worked with the City
Manager to set up an account where the money would be deposited. This account helps replace the aging
fleet so that they can meet NFP A standards.
Council Member Aguilar stated that they established a fleet replacement account some time ago to help
replace the older engines.
Public Works Director Chavarria reported that the slurry seal project was completed. They did the final
walkthrough today, and they created a punch list. One of the punch list items consists of their street
sweeper sweeping all of the slurry seal roads. Moreover, there have been some concerns from the
community about the mosquito issues. Mr. Chavarria informed the public that they could call the Merced
County Mosquito Abatement at (209)722-1527. He also noted that they are going to have their annual
mattress/tires collection event on Saturday, October 24th, from 8:00 a.m. to 12:00 p.m. at 2238 Walnut
Ave, Livingston. Nine tires and five mattresses will be accepted per resident. Proof of residency is
required. Lastly, the public works department is currently working on Campbell Blvd. They are
performing minor asphalt repairs as well as cleaning the storm sewer inlets. Campbell Blvd. will be
closed to traffic starting from October 6th to October 8th from 7:30 a.m. to 4:00 p.m.
Council Member Kang asked if semi-truck tires will be accepted.
Public Works Director Chavarria stated that they would be accepting the big tractor tires. He noted that
they have been receiving semi-tires too.
Rodrigo Espinoza asked what day was the event (mattress/tires collection event).
Public Works Director Chavarria stated that it would be on October 2411′ from 8:00 a.m. to 12:00 p.m.
Council Member Aguilar asked if they could put the event information on social media.
Page 2 of 19
City Manager Ramirez replied that the City does promote it on social media. He is going to make snre
that staff members send out alerts.
Council Member Aguilar asked if the city is planning on doing any road work on City roads.
Public Works Director Chavarria stated yes. They will be referring to their five-year capital improvement
road management plan.
City Manager Ramirez added that it is part of the paving management system.
Council Member Aguilar asked about the trip hazard on B Street and Main Street.
City Manager Ramirez replied that they looked at that intersection. They are trying to get enough funds to
address both sides because it will create issues if they only address one side.
Conncil Member Aguilar requested city staff to bring the item to the council for an update once staff has a
plan or solution.
Finance Director Portillo reported that the City refreshed its website. She noted that the website is ADA
and mobile device compliant.
Donna Duffey thanked the team who built the new city website. She noted that all navigation concerns
were corrected.
Council Member Aguilar stated that the new website looks good. He commended the people who
participated in creating the city website.
City Manager Ramirez added that the master plans and forms will be on the website. He noted that the
website is very user friendly.
Police Chief Soria noted that many people have asked why the Merced Police Department is in
Livingston. He said that he reached out to his counterparts due to the shootings. Their gang violence
suppressant unit was out this weekend, and a gun was taken off the streets. Moreover, he had a few calls
asking why officers were going door to door. He noted that officers are going to be reaching out to
residents to introduce themselves and provide their business cards. Lastly, he invited everyone to the
Coffee with a Cop at Starbucks tomorrow from 2:00 p.m. to 4:00 p.m.
A resident ( did not state name) asked if the event wi II be done outside.
Police Chief Soria stated, yes.
Council Member Aguilar asked if they are going to take all the precautions.
Police Chief Soria said yes.
Council Member Kang asked when they will be updating the police department’s website because it still
shows the previous Chief of Police.
City Manager Ramirez replied that the new website does not have the former employee’s information.
Council Member Kang stated that there is an old picture on there.
Page 3 ofl9
City Manager Ramirez replied that the department is looking at updating their photos.
Council Member Aguilar commended the Police Chief for reaching out to the community and building
trust and relationship with the community. He also thanked the Police Chief for having the Coffee with a
Cop event.
Contract City Planner Hatch reported that the building industry is actively selling homes. He is getting a
variety of new homes to be located on existing lots. The Manzanita subdivision is selling two to four
houses a month. The Bright Development homes are running out of lots, so they will be closing soon. He
noted that the new home sales market is very healthy in Livingston. There is interest in multi-family
homes. Mr. Hatch stated that the development industry continues to invest in Livingston.
Council Member Aguilar inquired about the building where Domino’s Pizza will be located.
Contract City Planner Hatch replied that they are going through the building permit process at the
moment.
Supervisor Rodrigo Espinoza Announcements and Reports.
County Supervisor Espinoza reported that they got an update on the Covid-19 numbers. He noted that the
numbers are going down, but people have to be careful when socializing. Mr. Espinoza stated that in
order to open up more businesses, people need to test a lot more. Moreover, Mr. Espinoza noted that he
volunteered to hand out food in Merced. He and Mr. Moran discussed the possibility of having a food
bank deliver food in Livingston.
Gabriel Salazar asked Mr. Espinoza ifthere could be more community meetings for the county’s budget.
He also asked what can he do or what can be done to have more workshops so that the community can
participate and provide more input into the process.
County Supervisor Espinoza replied that the community should ask for more workshops to the
Supervisors. He recommends people to attend the meetings and send an email requesting more
workshops. Moreover, Mr. Espinoza noted that they approved $100,000 to purchase another food delivery
truck to deliver food around the county.
City Manager Announcements and Reports.
City Manager Ramirez reported that the county moved from the purple phase to the red phase, which
means that restaurants can have indoor dining limited to twenty-five percent capacity. Moreover, he noted
that the city is working with UC Merced on the IOOth Year Anniversary. They are also finding other ways
to collaborate with the institution. Mr. Ramirez also mentioned that the city is working with a foundation
to help Livingston’s businesses with small business development activities. They will be assisting in
reviewing lease agreements, business planning, and social media at no cost to the business. Lastly, he
mentioned that they are trying to get the ACE train to stop in Livingston. The decision will be made
towards the end of the year or the beginning of next year. He asked the council to reach out to other board
members and make the case on why Livingston is the right place to have the train stop.
Gabriel Salazar asked Mr. Ramirez if the meetings with UC Merced would be open to the public, and
when he plans to meet with them. He noted that some of the community members would be interested in
participating. Moreover, Mr. Salazar asked if the foundation for small businesses is a non-profit
foundation. He also asked if there is an opportunity for residents to help out.
Page 4 of 19
City Manager Ramirez stated that it is a non-profit foundation and they are open to the public. Moreover,
he noted that once they schedule the UC Merced meeting, they would provide him with the information.
Council Member Baptista asked Mr. Ramirez if he has had any contact with Patricia Ramos or anyone
else who assists with the census.
City Manager Ramirez replied that he has not had any contact with Ms. Ramos. However, he has worked
with the Latino Community Foundation and other organizations to put out the information. He also
participated with some media outlets to inform the residents why it’s important to be counted.
A resident (did not state name) stated that the census deadline was extended to October 31st. He noted
that if anyone needs any help, the Jakara Movement will have their hotline open to help people fill out the
census.
City Manager Ramirez stated that he would get in contact with them.
Council Member Aguilar thanked the resident for providing the information.
Council Member Kang verified that restaurants are allowed twenty-five percent of indoor seating.
City Manager Ramirez stated yes. He pointed out that the county is on a red phase, which means that
restaurants can open up to twenty-five percent capacity to dine-in. He asked the Supervisor to petition the
state to allow fifty percent capacity.
Mayor Pro-Tern Garcia asked if City Hall would open from 8:00 a.m. to 5:00 p.m. since the county is in
the red phase.
City Manager Ramirez stated yes. He said that City Hall is open from 8:00 a.m. to 5:00 p.m. until further
notice.
Mayor Pro-Tern Garcia asked if everyone was going back to their regular work schedule.
City Manager Ramirez said no. He noted that everyone is working, but there are some modifications. He
said that one week a group of staff works remotely from home, and the next week they rotate with the
other group.
Mayor Pro-Tern Garcia noted that certain individuals that work for the city might not have been offered
the same modifications. He asked Mr. Ramirez to look into it.
City Manager Ramirez replied that he is trying to balance the community’s needs with the employees’
needs and the Covid-19 situation.
Mayor Pro-Tern Garcia asked if the individuals have direct contact with the public or do they have their
own office.
City Manager Ramirez asked Mr. Garcia if he is talking about the essential employees.
Mayor Pro-Tern Garcia said no. He stated that he is asking about the employees in his office (at City
Hall).
City Manager Ramirez replied that they are limiting the number of people they see behind the desk. They
are making appointments when they meet with individuals. He pointed out that when many people are
Page 5 of 19
coming in and out of City Hall, it increases the exposure rate. He noted that if all employees are working
and one employee becomes infected with Covid-19, all employees will have to be quarantined for
fourteen days. That is why he is rotating the employee’s schedule.
Mayor Pro-Tern Garcia noted that other cities and agencies are doing video chat live, zoom, and blue
jeans. He asked Mr. Ramirez to look into it.
City Manager Ramirez replied that cameras were purchased for some computers, and a lot of his staff are
doing zoom meetings or using other platforms.
Mayor Pro-Tern Garcia suggested that Mr. Ramirez look into it again to be equally fair to the employees
and the community now that they are in the red phase.
City Manager Ramirez indicated that two individuals have worked continuously through the Covid-19
situation. The two individuals are the Deputy City Clerk and himself.
Council Member Aguilar stated that there are available funds for the city and asked how Livingston can
get those funds.
City Manager Ramirez replied that there were a few CARES ACT fundings. The city has applied for
those fundings, and the city was reimbursed for the first wave.
Finance Director Portillo noted that the CARES ACT is being advanced to the city. They will be
providing the funds in six portions. The city has received two portions and is waiting for four more.
Council Member Aguilar asked Mr. Ramirez if he can provide the board members’ information to the
council so that they can reach out to them about the ACE train.
City Manager Ramirez replied that he would provide them with the board members’ contact information.
Council Member Aguilar noted that a meeting with the UC Merced Chancellor is a great opportunity.
Moreover, he stated that he is glad that City Hall is open.
Council Member Kang stated that they need to be fair with all employees. He believes all employees are
essential. He does not think it is fair for employees that work at public works or the police department to
knock on doors or check waters when City Hall employees are behind doors and behind bulletproof glass.
Mr. Kang requested that all employees come to work Monday through Friday. He noted that if they are
sick, they can deal with it afterward.
City Attorney Taniguchi noted that the City Manager is responsible for the employment of city employees
and discipline. He cautioned on making demands and recommended that they make a general statement or
request for the City Manager to consider.
Council Member Kang asked the City Manager ifhe could have all employees come to work so that they
can be fair with other employees. He noted that it does not look good to give one employee the chance to
go home and be with their family when other employees have to be at work.
City Council Members’ Announcements and Reports.
Council Member Baptista noted that she is very proud that the military banners are displayed on Main
Street along with the American flag. She said that in order to have a military banner downtown, they have
to be a graduate from Livingston High School and currently serving. Upon discharge, the VFW will
Page 6 of 19
present them with a banner and have a ceremony at the VFW Hall. She indicated that if anyone is
interested, they can contact a VFW member or her.
Moreover, Ms. Baptista noted that if people are not able to waive their flags from dust to dawn, a light
needs to be illuminated on it. Lastly, Ms. Baptista pointed out that the VFW has collaborated with Erin
Meyer from UC Merced to bring Peoples Bridge. They provide fresh produce that is available to the
community in need. They are also accepting donations. Moreover, Ms. Baptista noted that she received an
email from Jacquie Sullivan congratulating the City of Livingston and Merced County for displaying the
national motto “In God We Trust.” She recommended that the council approach the remaining cities or
council members to vote yes on displaying the national motto.
Council Member Kang stated that he received many citizens’ complaints about City Hall employees
leaving at 3:30 p.m. on Fridays. He asked if the employees are punching in 6 V, hours or getting paid for
the eight hours.
City Manager Ramirez replied that due to the disinfection process at City Hall on Fridays, they are
releasing City Hall employees at 3:30 p.m. Since the employees are being released, they are being
compensated for the eight hours.
Council Member Kang asked if they can pay one employee overtime to disinfect. He wondered why the
city is letting 7 to 8 employees leave l V, hours early when they can have one employee stay 30 minutes
overtime. He recommended that they spray City Hall after 5:00 p.m. so that residents have enough time to
get to City Hall.
City Manager Ramirez replied that now that things have improved, City Hall is opened from 8:00 a.m. to
5:00 p.m.
Mayor Pro-Tern Garcia thanked Ms. Baptista for all her hard work, dedication and for showing support to
veterans. Moreover, he asked if they are still putting two soccer fields at Max Foster Park in the future.
City Manager Ramirez replied that it is a project that they would like to see happen. He noted that the city
is limited on funds; however, they are looking at carrying over funds. They are also searching for grants.
He pointed out that the soccer field would cost $80,000 to $100,000.
Mayor Pro-Tern Garcia asked how do they go about naming one of the soccer fields.
City Manager Ramirez replied that a council members could put it on the city council agenda. After that,
they can take a formal process in naming the field.
Mayor Pro-Tern Garcia stated that he would like to start the process. Moreover, he inquired about city
employees getting compensated for leaving at 3 :00 p.m.
City Manager Ramirez reminded the council that City Hall (lobby) was closed to the public at 12:00 p.m.
He noted that they released employees at 3:30 p.m. for staff to disinfect the entire building. Employees
get paid for the I V, hours because they were released ahead of time.
Mayor Pro-Tern Garcia asked if employees come in early that day (on Fridays).
City Manager Ramirez stated no.
Page 7 of 19
Mayor Pro-Tern Garcia stated that it is not fair to compensate city employees to leave at 3:30 p.m.
because the city is struggling financially. Mr. Garcia noted that since employees were punching out early,
he wants Mr. Ramirez to provide the council or him with the documentation.
City Manager Ramirez replied that he made an administrative decision, and he takes full responsibility.
He noted that nothing had been done that is inappropriate. He said that employees are doing what they are
being asked to do. Mr. Ramirez indicated that the health and welfare of the employees are the most
important. He noted that they need to look at both sides of the spectrum, not just one side.
Mayor Pro-Tern Garcia stated that he understands, and he has only brought up the police department once
today.
City Manager Ramirez replied that nothing is being hidden and nothing has been done inappropriately by
the employees. He informed Mr. Garcia that he could sit down with him and go through everything with
him.
City Attorney Taniguchi stated that the council is entitled to request documentation from the City
Manager’s office. He informed the council to keep in mind that the City Manager is responsible for city
employees’ management and supervision.
Council Member Aguilar asked Fire Captain Alvis ifhe would be available on October 24th for the safety
fair.
Fire Captain Alvis asked Mr. Aguilar what his plans are.
Council Member Aguilar replied that he is planning a drive-thru (safety fair). He wants all departments to
be at “P” Street handing out face masks, hand sanitizer, and educational broachers.
Fire Captain Alvis informed Mr. Aguilar that they could discuss it in person and make a plan so that he
can try to get some materials together to hand out.
Council Member Aguilar asked Police Chief Soria if he and his department would be available for the
October 24th drive-thru safety fair.
Mayor’s Announcements and Reports
None.
CITIZEN COMMENTS
Acting Mayor Aguilar opened Citizen Comments at 8:28 p.m.
Jason Roth, 1629 Spruce Ct., noted that in regards to Ms. Baptista’s comment about the flag, the flag is
hitting the ground. He said that he would like to personally replace the flag tomorrow because it is
disrespectful to the country by it hitting the ground. Moreover, he asked if ARCO is coming into the city.
City Manager Ramirez replied that the original owners of ARCO are actively selling their property. They
are seeking inquiries from other people in the Fresno area who are looking at possibly acquiring the
property and entitlement rights.
Council Member Baptista thanked Mr. Roth. She noted that she examined the flag, and the flag is not
damaged.
Page 8 of 19
Donna Duffey, 1616 Sapphire Dr., informed the council that she is applying for a permit to use the
Memorial Park for a candidate’s forum on Saturday. Moreover, she informed the public that the
Livingston Lions Club was going to have a book collection drive. Books can be dropped off at the city
during the hours of operation or at the police department’s lobby. Lastly, she noted that if anyone is
interested in participating in the court of trees, they can send an email to livingstonlions@gmail.com. She
also pointed out that the Livingston Lions Club and the VFW will start working on the welcome sign at B
and Winton Parkway.
Council Member Baptista noted that the VFW is going to be doing the veterans parade on November
11th. They will be gathering behind the historical museum at 11 :00 a.m., and before the parade, they want
to incorporate a classic car show. Moreover, she discussed what they would be doing with the welcome
sign.
Rodrigo Espinoza noted that they approved $325,000 for the Livingston VFW Hall remodel on the
county’s budget.
Katherine Schell Rodriguez asked the City Attorney if motions are limited to items that are on the agenda.
She stated that the council is not supposed to be voting on items that are not on the agenda. She also
asked if the city is planning on doing an amicus brief on behalf of Foster Farms in the current litigation.
City Attorney Taniguchi stated that her first question is correct; that is why he suggested that the council
member recommend the City Manager to explore options. There was no formal action or vote taken on
the issue. He noted that the city council only votes on items that are agenized and made public. Moreover,
in regard to the amicus brief, he said that they had not explored that option, but if that is the direction the
council would like to explore, they can provide some options.
Matt Mendoza thanked Ms. Baptista for recognizing the Veterans and giving information on displaying
the flag. He also thanked the maintenance department for providing an extra trash receptacle at the park
because it has improved the situation. Moreover, he asked for the steps they need to take to get more
lighting (at Don Meyer Park).
Council Member Aguilar stated that he has talked to several people that are concerned about the lighting
situation. He said that he would work with the City Manager to address the issue.
City Manager Ramirez noted that in regard to the fireworks, that is something that they frequently have to
address. He said that the Chief of Police is working on the situation with his personnel. Moreover, in
regards to the lighting situation, Mr. Ramirez noted that they would look into it, and they will look at
where they can get some funding. Moreover, he reminded the council that the city is working with UC
Davis and the lighting institute to look for some lighting funding.
Matt Mendoza stated that he is a representative of the local electrical union in the area. He has people in
the City of Livingston, which he can reach out to get labor donated to help out with the cost.
City Manager Ramirez stated that he would make contact with him to come up with a game plan.
Acting Mayor Aguilar reported that Mayor Pro-Tern Garcia is back on the line (at 8:45 p.m.).
Gabriel Salazar thanked Donna Duffey for doing the candidate forum. He asked Ms. Duffey what time the
event will begin, how long it would be, and if the residents can assist in the event. Mr. Salazar also
wondered if a decision was made to open City Hall from 8:00 a.m. to 5:00 p.m. He noted that the City
Manager did a great job of keeping people safe. Mr. Salazar indicated that he is supportive of the
Page 9 of 19
modified schedules (of city staff). He noted that if the city can’t have meetings open to the public, they
should be careful about opening City Hall. Moreover, Mr. Salazar inquired about the attendance
requirements for city council members.
Council Member Aguilar stated that the City Manager reported that City Hall is open from 8:00 a.m. to
5:00 p.m. due to the need for customer service.
City Attorney Taniguchi noted that the governor issued an order that suspends specific provisions in the
Brown Act, which typically guides and regulates how the council conducts the meetings, including the
agenda posting. He noted that given the Covid-19 crisis and public health concerns, in-person meetings
have been relaxed so long as the city meets specific noticing requirements. He pointed out that there is no
requirement that every council member needs to be physically present at the Council Chambers as long as
the public is informed on the agenda that some council members may be participating remotely.
Gabriel Salazar inquired about the requirements for council attendance pre-COVID.
City Attorney Taniguchi stated that during pre-Covid, council members who participated remotely would
need to post the location where they are participating on the agenda and post where they would be
participating. The location would need to be accessible to the public.
Donna Duffey stated that if the candidate forum gets approved, they would have the event at I 0:00 a.m.
on Saturday. Notifications would be through social media, word of mouth, emails, and signs. If anyone is
interested, they can reach out to her at hellofromd@yahoo.com.
Acting Mayor Aguilar closed Citizen Comments at 8:54 p.m., as there were no further comments from the
public.
CONSENT AGENDA
I. Approval of Warrant Register Dated October I, 2020.
Council Member Baptista inquired about warrant numbers 398 and 399, Central San Joaquin
Valley Risk Management, for a total of$132,864.
Finance Director Portillo replied that they are general liability payments that they make yearly to
RMA. Ms. Portillo stated that they are going to see this large payment come out every quarter for
the general liability insurance.
Council Member Baptista asked what type of work does Collins & Schoettler Planning
Consultants do (warrant no. 259).
City Manager Ramirez replied that Collins & Schoettler Planning Consultants is the firm that
Randy Hatch works for, and they are part of the planning department.
Council Member Baptista inquired about warrant number 447, Conco West, Inc., in the sum of
$277,067.50.
City Manager Ramirez replied that Conco West, Inc. is the firm that is working on Well 14 and
16, which is part of the TCP treatment process.
Council Member Baptista inquired about warrant number 389, Mid Valley IT.
Page 10 of 19
City Manager Ramirez replied that Mid Valley IT is the city’s technology and information system
company. They service City Hall, public works, and the police department.
Council Member Baptista inquired about warrant number 287, West Coast Code Consultants,
Inc., in the amount of$22,487.53.
City Manager Ramirez replied that the building inspector and permit technician work for WC3
Consultants, and they do all the plan checks and inspections in the building department.
Council Member Baptista asked if the amount is a monthly payment, contract payment, or is it for
additional work they do.
City Manager Ramirez replied that the city has a monthly contract with WC3. He noted that the
amount would vary due to the amount of projects that come in. The company gets a certain
percentage on the plan inspection fee.
Motion: M/S Baptista/ Aguilar to approve the Warrant Register Dated October I, 2020. The
motion carried 4-0-1 by the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members: Kang, Baptista, Garcia, and Aguilar
Council Members: None
Council Members: Samra
2. Denial of Claim for Damages from Javier Rodriguez.
City Manager Ramirez introduced this item. He noted that the claims that the city receives are
automatically submitted to AIMS. They do their independent evaluations, studies, and research.
They decide on whether the city needs to payout or not. Moreover, Mr. Ramirez described the
incident that occurred in this claim.
Council Member Baptista asked Mr. Ramirez if all claims that go to the council are set for denials
so they can move forward with another process. She noted that the claims are denied so that they
can move on.
City Manager Ramirez replied that the claim was denied, and they can look at other options to
pursue the overall claim.
Acting Mayor Aguilar opened Public Comment at 9:03 p.m.
Katherine Schell Rodriguez asked how they can find out how the insurance agency is handling
this particular item. She also asked how they can find out what the resolution would be.
City Attorney Taniguchi replied that the insurance company denied the claim.
City Manager Ramirez added that if the claimant wants to share their denial independently with
her (Ms. Schell Rodriguez), they can. He noted that the claim was denied, but the claimant has
other options to pursue if they choose.
City Attorney Taniguchi stated that any member of the public is permitted to submit a public
record request. However, the records would be with the insurance carrier and not the city.
Page 11 of 19
Jason Roth asked what time of the day did the accident occur and why were they out there. He
wondered what was wrong with the plank and how old were they.
City Manager Ramirez noted that he does not know those details. However, he pointed out that
the area is not on city property; it belongs to the Merced Irrigation District (MID).
Jason Roth asked what is Merced Irrigation District doing about it. He wondered what did
Merced Irrigation District not do to protect the citizen.
City Manager Ramirez noted that they are working with MID to look into it. He said that MID is
probably looking at ways to litigate it. He pointed out that when they have subdivisions or
different projects in the area, the city requires that the underground (canal) mitigate these
situations to lower the risk of liability.
Jason Roth asked if the city is responsible for putting lighting and signs in the area discussed.
City Manager Ramirez replied that if the insurance carrier rejected the claim, it’s because the city
has no liability.
Acting Mayor Aguilar closed Public Comment at 9:10 p.m. as there were no further comments
from the public.
Motion: MIS Baptista/Kang to approve the Denial of Claim for Damages from Javier Rodriguez.
The motion carried 4-0-1 by the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members: Kang, Baptista, Garcia, and Aguilar
Council Members: None
Council Members: Samra
3. Resolution Approving an Agreement with Gardland Inc. for Comprehensive Roofing Materials
and Support Services and Authorizing the City Manager to Execute Agreement.
Council Member Baptista asked how much overage do they allow. She wondered if they will
approve this item for the $99,000.
City Manager Ramirez replied that in these projects, they ask for a 10% contingency.
Public Works Director Chavarria noted that he does not foresee any problems arising from this
project. He provided some information on the exclusions.
City Manager Ramirez added that the contract is not to exceed the amount stated.
Zachary, who works with the roofing project’s manufacturing company, noted that he worked on
the exclusions and unforeseen conditions because they do arise. He indicated that since it is a 10
to a 15-year restoration project, they won’t be cutting into the roof deck. They will be replacing
walls. There is a $5,000 additional cost that could be agreed to when the contract is executed. He
pointed out that there is no additional cost that will be brought up as far as he knows.
Council Member Baptista thanked Zachary for answering her questions. She noted that she
wanted to be fully aware of what might come up and what is stated on the proposal that they will
be adopting.
Page 12 of 19
Acting Mayor Aguilar opened and closed Public Comment at 9:19 p.m. as there were no
comments from the public.
Motion: M/S Baptista/Garcia to approve Resolution No. 2020-58, Approving an Agreement with
Gardland Inc. for Comprehensive Roofing Materials and Support Services and Authorizing the
City Manager to Execute Agreement. The motion carried 4-0-1 by the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members: Kang, Baptista, Garcia, and Aguilar
Council Members: None
Council Members: Samra
4. Resolution Authorizing Submittal of2020 Ca!Home Application.
City Manager Ramirez introduced this item.
Council Member Baptista inquired about the $12,000 that will be charged to administer the grant.
She asked where the city is getting the money.
Finance Director Portillo stated that it would come out from the general fund administrative
services budget.
City Manager Ramirez added that if there is enough funding in the program income funding
through other grants, the city can look at moving those funds if it gets approved to cover some of
the costs.
Motion: MIS Baptista/Kang to approve Resolution No. 2020-59, Authorizing Submittal of2020
Cal Home Application. The motion carried 4-0-1 by the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members: Kang, Baptista, Garcia, and Aguilar
Council Members: None
Council Members: Samra
Clerk’s Notes: The City Council took a six-minute break at 9:20 p.m. and returned at 9:26 p.m.
DISCUSSION AND POTENTIAL ACTION ITEMS
5. Discussion Regarding Recent Approval of Site Plan and Design Review 2020-03, for
construction ofTwo Duplexes at 849 Prusso Street, Jose Martinez; APN: 024-162-011.
City Manager Ramirez introduced this item. He noted that the council has already approved the
item. The item is on the agenda because City Hall received a petition on September 28th. He
indicated that they want to give people an opportunity and a platform to share and communicate
some of their concerns. He noted that they have met with three of the individuals on the petition.
They talked about traffic, the safety of the children, and other concerns.
Contract City Planner Hatch provided some background of the project. He noted that the project
meets setbacks, height, and parking (8 spaces are required, and eight spaces are provided)
requirements. Mr. Hatch said that there is no provision in the code for guest parking on a small unit; guests would-be parking at the curb, which is allowed. He noted that there is a mixture of duplexes and single-family homes in the R2 area. Mr. Hatch pointed out that there is a singlefamily
area on the Southside ofF Street (RI area). He noted that a project like this would not be
allowed on the Southside of F Street, but zoning provisions allow it on the Northside of F Street.
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Mr. Hatch noted that staff members were favorable to this project, given the need for multifamily
housing. He said that the project met all the code requirements and they complied with
everything.
Moreover, Mr. Hatch noted that about 10 to 12 minutes before the meeting started, they received
an email from a resident in the area concerned about a garage on a property to the east of this
project. He noted that the information was brought to the planning commission, but they didn’t
have any ability to have the other project developer fix a potential sight distance issue on an
adjacent property. He noted that several weeks after the project got approved, they had a few
residents concerned with this project.
City Manager Ramirez noted that the council adopted the project on a 4-1 vote. Moreover, he said
that traffic and safety concerns toward the kids are important. He noted that they put them
(petitioners) in contact with the traffic committee.
Acting Mayor Aguilar opened Public Comments at 9:40 p.m.
Hilda Pimentel requested the council to reconsider the construction of the two duplexes at 849
Prusso Street. She noted that on July 13th, they communicated their concerns of safety, children,
and traffic orally to Filomena Arredondo at City Hall. She said that Ms. Arredondo recommended
them to send an email to Mr. Hatch. Ms. Pimentel pointed out that her email was never
responded. She noted that on August 4th, she asked Mayor Samra for more time for their petition.
Lastly, she stressed that they have the following concerns: student safety, public safety, and
parking. Ms. Pimentel continues with a lengthy description of all her concerns.
City Manager Ramirez thanked Ms. Pimentel for exercising her community engagement rights.
Moreover, he noted that all of the plans are reviewed by the respected departments. Mr. Ramirez
said that he had all departments triple check the plans to make sure there were no issues. He
stated that all of the departments have reassured him that everything is correct. Lastly, he pointed
out that Mr. Hatch showed that there are 8 parking spaces. One (1) parking space is for compact
cars.
Hilda Pimentel noted that there is a handicapped parking space, so if the tenant for that parking
space is not handicapped, they would be short on parking space. She asked if the tenant would be
able to park in the handicapped area if they are not handicapped. She noted that if the tenant does
not own a compact vehicle, then the parking space defeats the purpose.
Contract City Planner Hatch replied that the handicapped parking spot is located adjacent to
Prusso. It is located on the northern piece of the property, and it is indicated on the plans. He
noted that a compact space is allowed. He pointed out that up to 20% of the required parking
could be compact. He said that it does not mean that the closest unit needs to have a compact
space. If an individual who lives in that duplex does not have a compact car, but someone else
within the area does, they can use it. He indicated that the city does not assign spaces to the
nearest drawing unit. Moreover, Mr. Hatch stated that the entire curb area could be utilized
because people don’t own the curb parking on the street, that parking is available for everyone.
City Manager Ramirez added that in regards to student and adult safety, they take it seriously. He
noted that there are ways as a municipality to mitigate the issues related to the crossing and
traffic.
Hilda Pimentel noted that Mr. Hatch still did not answer her parking question.
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City Manager Ramirez asked Mr. Hatch what the requirements for parking in this specific duplex
are. He wondered if it was based on a formula and if they are required to have a certain amount of
parking vs. handicapped parking.
Contract City Planner Hatch replied that the code says that each duplex is required to have two
(2) off-street parking spaces; therefore, two duplexes, and four units, would be eight parking
spaces. He indicated that they may count a handicapped and a compact space as one of the
required parking spaces. He stated that 8 parking spaces are provided. Four parking spaces are on
the Prusso side and four on the alley side.
Hilda Pimentel stated that the corner is already busy with traffic and pedestrians. She noted that if
cars are parked on the curb, how safe will it be. Ms. Pimentel asked how close to the curb can
they park and how close to the busy intersection can they park. She shared that it is not safe for
her to pull out of her driveway in the mornings. Ms. Pimentel indicated that her concern is the
children who will be walking through that area specified. She asked if a survey was done during
distance learning.
A resident (she did not state her name) shared that she has lived in various parts of Livingston for
20 years. She noted that the only time there is traffic in the specified location is during school
hours.
Hilda Pimentel stated that kids are walking to school, and parents are commuting from school.
A resident (she did not state her name) asked what would be the difference if they add the
apartment complex.
Hilda Pimentel stated that the plans say 90 feet wide, but it is only 86 feet wide. She asked if they
have checked the measurements.
City Manager Ramirez replied that the information was verified.
Hilda Pimentel noted that they are four feet short.
City Manager Ramirez replied that everything was calculated and there was no shortage.
Everything met the requirements according to engineering.
Hilda Pimentel asked if she could see the reports.
City Manager Ramirez stated yes. He noted that they could meet at City Hall or onsite.
Hilda Pimentel inquired about the setback on F Street.
Contract City Planner Hatch replied that the structure setback for F Street is five feet.
Hilda Pimentel asked if it is five feet, even if it is a corner lot. She stated that corner lots have
different setbacks.
Contract City Planner Hatch stated yes. He noted that there are different types of corner lots. This
location is not a reversed corner lot, and five feet is the setback.
Apolonio Cisneros read city code 5-3-16. He asked Mr. Hatch where he is getting the five feet.
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City Manager Ramirez informed Mr. Cisneros that they provided him with a copy of the setback
standards.
Apolonio Cisneros stated that the information he read was from the information they provided
him.
Contract City Planner Hatch stated that the setback information is on page 5-3-16 under table 8
(building structures setbacks requirement). He noted that there is no adjacent residence or a
reverse corner lot, so the setback would be 20 feet. He said that Mr. Cisneros is correct about the
setback standards, but all of the notes modifies it. In this particular case, they are going with five
feet.
Martha (she did not state her last name) asked Mr. Hatch to give her a call so she can answer any
questions he might have.
Hilda Pimentel asked what would be the recommendation from the council at this point.
Acting Mayor Aguilar closed Public Comments at I 0:20 p.m., as there were no further comments
from the public.
Council Member Baptista stated that when the project was presented to them, it was not presented
how it is being discussed today. She noted that she understands all of their concerns. She
indicated that the traffic between the Prusso area is very high.
Council Member Aguilar noted that he appreciates when the public speaks out their concerns for
the community’s wellbeing. He pointed out that Mr. Hatch explained the parking situation. In
regards to traffic, he mentioned that some cities have bumps on the road so cars can slow down.
Mr. Aguilar stated that there are ongoing concerns of traffic in the area specified during school
hours. He noted that it has been an ongoing issue since before the addition of the duplex. Mr.
Aguilar also mentioned that there is a requirement for the alley improvement that will take place.
Moreover, he noted that they would be providing records of the accuracy of the measurements.
Lastly, he indicated that he would like to continue discussions on the traffic situation.
Hilda Pimentel stated that they are asking for the duplex not to have so many units or be a single
home.
6. Discussion and Potential Direction Regarding Tobacco Regulations to Reduce Youth
Tobacco Access and Use in the City.
City Attorney Taniguchi introduced this item. He noted that the California Health Collaborative
made a presentation on vaping and flavored tobacco. Based on the council’s discussion and
presentation, they received direction to come back to the council with several options for
consideration to address tobacco use among the youth. Moreover, Mr. Taniguchi gave a
PowerPoint presentation on tobacco retailer license options. The two options he discussed were
implementing the tobacco retailer’s license and establishing retailer license regulations pertaining
to distance and proximity of youth-oriented facilities. Mr. Taniguchi pointed out that the City of
Livingston currently does not have a tobacco retailer license ordinance or regulations. He also
mentioned that state law permits local licensing laws of tobacco, so long as those laws do not
pertain to the collection of state taxes. The U.S. FDA released a new federal rule, effective
February I, 2020, which prohibits retailers from selling flavored cartridge-based electronic
nicotine delivery systems. He indicated that cities could adopt more restrictive standards than the
state as long as they are not less stringent. Lastly, Mr. Taniguchi recommended to the council to
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consider establishing a tobacco retailer license program to help prevent youth access to tobacco
products. The council could also choose to impose specific distance/proximity requirements
preventing new tobacco retailers from being established within certain distances ofyouthoriented
facilities.
Acting Mayor Aguilar opened Public Comments at I 0:27 p.m.
Shawn (the last name was not stated) said that businesses don’t sell to minors. He noted that
minors are obtaining the products by their parents or by doing shoulder tapping. Shawn does not
believe it is fair for them to limit or stop business owners from selling the product. He noted that
they need to balance the safety and economic needs of the city. He recommended the council to
table the item until January I, 2021, to see if the referendum has any impact on the issue.
Mandeep Singh noted that he works with the Jakara Movement, and they have a club at
Livingston High School. They work primarily with the youth, and they have gone to a few
webinars on tobacco prevention. He indicated that people are not well informed about tobacco
use and prevention. He stated that tobacco companies specifically target the youth. He noted that
the retail tobacco license is the minimum the City of Livingston should establish.
Shawn (the last name was not stated) invited the council to take a drive to their local convenience
store where they sell tobacco products so that they could look around to see if they sell the
products that are being portrayed as cookies and other types of items.
Chris (the last name was not stated) noted that he is a Livingston student and a youth advocate.
He said that tobacco companies are using psychological tactics to persuade the leaders and the
young generation. He gave a lengthy statement on his analogy on tobacco and vaping.
Daniella (the last name was not stated) noted that she is a high school student and a youth
advocate. She asked why it is taking so long to implement positive change that would help
everyone. Daniella noted that the companies and products (tobacco and vaping products) have
taken their time, money, youth, health, and eventually their lives. She hopes that after several
attempts to educate the council and the community, it will better their community. Daniella would
like to see clean air in the parks, especially in their school bathrooms. She does not want to
continue holding her breath every time she goes to the bathroom to wash her hands.
Bao Xiong stated that she works for a local non-profit organization called California Health
Collaborative. Ms. Xiong mentioned that they have been working tirelessly in the City of
Livingston alongside Livingston youth. Over the past year, they have collected data on the
community’s perspective on reducing youth access to flavored tobacco products and have done
store observations. She noted that they have done several educational presentations. Moreover,
she referenced an article that stated that since 1989 the California tobacco program has prevented
a total of five billion dollars in health costs.
Council Member Aguilar thanked the youth and Bao for voicing their concerns.
A resident (the name was not stated) stated that as a store owner, he agrees with the comments
Shawn made.
Jose Moran, P.O. 847, noted that the group has been working for about two years. He shared that
as an educator, he has seen firsthand the health problems that have occurred due to tobacco
products’ being accessible to teenagers. Mr. Moran indicated that this is an excellent opportunity
for the council to move forward with potential restrictions on flavor tobacco products in the city.
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Acting Mayor Aguilar closed Public Comments at I 0:48 p.m., as there were no further comments
from the public.
Council Member Baptista noted that taking responsibility for preventing everything is on
everyone. She said that when you look at the children’s overall health, it is not only tobacco and
drinking; it is obesity, which is a bigger problem. Ms. Baptista stated that people can’t put all the
blame on retailers. She noted that every store that sells tobacco products are placed behind the
counter. Ms. Baptista said that she is for the education part. She recommended holding off on the
item to see how the new restrictions will work. She pointed out that overall health is important to
her.
Council Member Kang stated that he agrees with everyone that made a statement. He believes
this is a big discussion that requires all council members to be in attendance to take any action.
Mayor Pro-Tern Garcia stated that he agrees with both council members on holding off on the
item.
Council Member Aguilar noted that he is a full supporter. He thanked the youth for stepping up to
advocate for what they believe. Mr. Aguilar said that they could discuss the item and hopefully do
something to prevent the situation. Mr. Aguilar noted that parents, schools, the community, and
the council are responsible for taking action. Moreover, he stated that he agrees that all council
members need to be at the meeting to further discuss and vote on the item. He said that he is
supportive of looking at the retail tobacco license.
City Attorney Taniguchi clarified that the proposal is just to establish a retail tobacco license. He
noted that this would allow the city at any future date to impose additional regulations.
Council Member Aguilar thanked Mr. Taniguchi for the clarification and added that it is not on
flavored tobacco; it is on tobacco in general.
7. Resolution Authorizing the Implementation of the Reserve Officers Program and Related Budget
Amendments.
Clerk’s Notes: Council Member Kang recused himself from this item. He left the Council of
Chambers at 11 :01 p.m.
Police Chief Soria introduced this item.
Acting Mayor Aguilar opened and closed Public Comments at 11 :03 p.m., as there were no
comments from the public.
Mayor Pro-Tern Garcia thanked Mr. Soria for his hard work. He stated that it is a great program
to start.
Council Member Aguilar thanked Mr. Soria for the hard work in putting together the item.
Motion: MIS Baptista/Garcia to adopt Resolution No. 2020-60, Authorizing the Implementation
of the Reserve Officers Program and Related Budget Amendments. The motion carried 3-0-1-1
by the following roll call vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
ADJOURNMENT
Council Members:
Council Members:
Council Members:
Council Members:
Baptista, Aguilar, and Garcia
None
Samra
Kang
The meeting was adjourned by consensus at approximately 11 :05 p.m.
8. Resolution Approving an Amendment to an Agreement with West Coast Consultants, Inc. (WC3)
for Building Department Support Services to Extend the Agreement for an additional three (3)
years, and Authorizing the City Manager to Execute Amendment.
Item was moved to the following meeting.
9. Resolution Accepting the bid for Audio and Visual Upgrades/Replacement in the City Council
Chambers and Authorize the City Manager to Sign a Proposal on Behalf of the City of
Livingston.
Item was moved to the following meeting.
10. Discussion Regarding Conducting Council Meetings Physically Closed to the Public Due
to COVID-19 and Pursuant to Governor’s Executive Order N-29-20.
Item was moved to the following meeting.
Deputy City Clerk of the City of Livingston
APPROVED:
Mayor or
The Gardening Snail 2 