Livingston council names interim city manager, passes two laws

The Livingston City Council named an interim city manager this month, in addition to adopting two new ordinances – one allowing smoke shops to open in town and another prohibiting trash scavengers.

Odi Ortiz, assistant city manager and finance director, was unanimously appointed by the council on Tuesday after several closed-door meetings. Councilmen Jim Soria and David Mendoza were absent for Tuesday’s closed session.

Ortiz, 42, replaces City Manager Jose Ramirez who resigned last month after nearly four years on the job. Ramirez’s last day with the city is Jan. 31. Ortiz, who’s been with Livingston more than three years, said he’s looking forward to the new challenge until a permanent city manager is hired.

“It’s going to be a little different, but I’m ready to take that challenge,” Ortiz said, adding that he wants to tackle next year’s fiscal budget, hire a Public Works director and keep a close eye on city finances.

Ortiz will receive a 10 percent bump in salary for the temporary appointment. His current salary is $97,000 a year.

In other business last week, the City Council voted 3-1 to pass an ordinance prohibiting people from rummaging through someone else’s trash, despite opposition from one councilman.

Mendoza, who voted against it, took issue with overburdened police officers being required to enforce the new law. “Cops have a lot going on, and I don’t want to see officers on garbage patrol,” Mendoza said.

Councilman Jim Soria was absent for the council meeting.

According to the ordinance, people caught scouring residential trash bins for recyclables or other materials would be penalized with a warning first, then a $25 citation, followed by a $50 citation.

Livingston police Chief Ruben Chavez said low staffing levels make it difficult for officers to actively look for those rummaging through garbage, but officers will respond if the department receives calls about it.

“If we get a complaint, we’ll obviously respond, but it’s difficult for us to patrol for people doing that,” Chavez said. “Obviously, there are a lot of worse things in Livingston that we’re dealing with, and we don’t want this to divert the officers’ attention.”

Also last week, the City Council voted on an issue that’s caused political divide for more than a year: smoke shops. In December 2013, two business owners tried opening smoke shops in downtown Livingston, but the council passed an emergency moratorium to ban them.

When the moratorium ended, the issue was referred to the Planning Commission, which unanimously recommended allowing smoke shops in downtown Livingston and a commercial-industrial area near Hammatt Avenue. The shops would be required to obtain a conditional use permit and stay at least 500 feet away from another smoke shop, school, library, public park or church.

Although he voiced concerns about smoke shops, Mayor Rodrigo Espinoza cast the deciding vote in favor of the ordinance during the last two council meetings. He said it was because the city has no regulations in place now.

“I only voted ‘yes’ because counsel advised us if we didn’t pass it, anyone could come into the city the next day and apply for a permit, and we can’t deny them,” Espinoza said. “At least by voting yes, we can set limits on it.”

Even though the ordinance passed, one elected official is already requesting changes.

Livingston Mayor Pro Tem Gurpal Samra, who has vehemently opposed smoke shops in downtown, asked staff to work on amending the ordinance to ban them in that area. “I know how everyone feels, but I had to make one last attempt to redo it and put all smoke shops in industrial only,” he said.

City staff is expected to bring the amendments to a future City Council meeting.

This story was originally published January 25, 2015 at 8:46 PM with the headline "Livingston council names interim city manager, passes two laws."