Approval of Minutes of Meeting Held on August 2, 2016.

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

AUGUST 2, 2016

A Closed Session/Regular Meeting of the Livingston City Council was held on August 2, 2016, in the City Council Chambers with Mayor Espinoza presiding.

CALL TO ORDER

Mayor Espinoza called the meeting to order at 6:02 p.m.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra

Council Member Jim Soria (Excused Absence)

Council Member Arturo Sicairos (Excused Absence)

Council Member Alex McCabe

Mayor Espinoza opened and subsequently closed Citizen Comments at 6:05 p.m. as there were no comments from the public.

CLOSED SESSION

Mayor Espinoza opened the meeting for public comments at 6:06 p.m. There were no comments and the Council went into Closed Session immediately thereafter to discuss the following matters:

1. Conference with Legal Counsel – Potential Litigation

((Government Code Section 54956.9(d)(2))

Number of Cases: 1

2. Conference with Legal Counsel—Existing Litigation

((Government Code Section 54956.9(a))

Name of Case: Animal Legal Defense Fund v. City of Livingston

Merced County Superior Court – Case No.16CV-01222

3. Conference with Real Property Negotiator

(Government Code Section 54956.8)

Partial Area of Real Property: APN 24-143-011

Negotiating Parties for City: Interim City Manager/City Attorney

and Flor Chavez

Under Negotiation: Lease Agreement

REGULAR MEETING

Mayor Espinoza called the meeting to order at 7:05 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra

Council Member Jim Soria (Excused Absence)

Council Member Arturo Sicairos (Excused Absence)

Council Member Alex McCabe

CLOSED SESSION ANNOUNCEMENTS

No reportable action was taken.

CHANGES TO THE AGENDA

None.

AWARDS, PRESENTATIONS AND PROCLAMATIONS

1. Rachel Sanders, Public Agency Retirement Services (PARS), Prefunding Other Post Employment

Benefits (OPEB) City Liability.

Rachel Sanders gave a PowerPoint presentation regarding the Public Agency Retirement Services (PARS) and the Prefunding Other Post Employment Benefits (OPEB). Rachel Sanders provided examples of financial summaries and the prefunding fee schedules. In addition, she provided a PowerPoint slide showing the areas that PARS outperforms CalPERS.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

None.

City Staff Announcements and Reports.

Police Chief Chavez gave a PowerPoint presentation regarding Police Department-related activities such as gang enforcement, burglaries, and animal control statistics. He noted that Proposition 47 has resulted in an increase in minor crimes and theft valued at $950.00 or less. In addition, Police Chief Chavez invited staff to attend an upcoming webinar regarding a proposition for legalizing cannabis for recreational purposes.

Mayor Espinoza asked if the Police Department assisted with traffic control from a recent bus accident on Highway 99.

Police Chief Chavez replied that the Police Department assisted with traffic control in the morning and afternoon.

Fire Department staff provided a PowerPoint presentation regarding Fire Department Statistics. The Fire Department assisted with153 incidents this year. Fifty-three percent of those incidents were within the City limits and forty-seven percent of those incidents were within Merced County’s Jurisdiction. Eighty-five of these incidents pertained to medical aids and twenty two pertained to vehicle accidents. The Fire Department assisted with a recent landscape fire along the Hammatt Avenue off-ramp. In addition, the Fire Department assisted with various fires throughout the State including Madera, Fresno, and Lake Isabella.

City Engineer Gouveia gave a presentation on Engineering Department-related matters. The City’s Downtown Improvement projects are progressing according to schedule. The State released a contaminant level on TCP and the City will most likely be given between two and four years to meet their standards.

Mayor Pro-Tem Samra asked if the City should consider repaving the City Hall parking lot.

City Engineer Gouveia replied that this is a good idea and that he can get a quote for this project.

City Manager Announcements and Reports.

Interim City Manager Ortiz announced that the City’s Housing Element was approved by the State. He thanked Planning staff for assisting with this document. In addition, Interim City Manager Ortiz announced that the City is seeking grant opportunities for parks and recreation.

City Council Members’ Announcements and Reports.

Mayor Pro-Tem Samra thanked the Fire and Police Departments for helping with the recent bus accident on Highway 99 near Hammatt Avenue.

Mayor’s Announcements and Reports.

Mayor Espinoza thanked the Police and Fire Departments for helping with the recent bus accident on Highway 99 near Hammatt Avenue.

CITIZEN COMMENTS

Mayor Espinoza opened and closed Citizen Comments at 7:46 p.m., as there were no comments from the public.

CONSENT CALENDAR.

1. Resolution No. 2016-43 Bid Rejection – Fire Station/City Hall and Public Works Yard Emergency Generators.

2. Resolution No. 2016-44 Authorizing the Interim City Manager to Enter Into a Lease Agreement with Jim Briscoe Enterprises for Lease of Approximately One Acre of Land at the Domestic Wastewater Treatment Plant Site.

3. Denial of Claim for Loss of Spouse from Balbir Kaur Dhami.

4. Approval of Minutes of Meeting Held on May 17, 2016.

5. Approval of Minutes of Meeting Held on June 21, 2016.

6. Approval of Warrant Register Dated June 14, 2016.

7. Approval of Warrant Register Dated July 29, 2016.

Motion: M/S McCabe/Samra to approve consent calendar. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: McCabe, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Sicairos, Soria

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Presentation by Albert Peche of A.M. Peche & Associates on Cost Savings Related to an Opportunity of Refunding of United States Department of Agriculture (“USDA”), Rural Development 2003 Sewer Series A Bonds and 2003 Sewer Series B Bonds. Possible direction to staff.

Albert Peche of A.M. Peche & Associates gave a PowerPoint presentation regarding refinancing bonds. He gave an overview of the short term and long term benefits of refinancing. He noted that he has assisted various local agencies and organizations with this process such as the City of Atwater, the City of Lynwood, and the Livingston Union School District.

Mayor Pro-Tem Samra asked if the loans will have a fixed rate.

Albert Peche replied yes.

The City Council provided direction to move forward with this item. No motion or action was required for this item.

9. Resolution Approving the Merced Integrated Regional Water Management Authority (MIRWMA) Joint Powers Agreement.

Interim City Manager Ortiz introduced this item. He gave an overview regarding the joint powers authority process, voting body, and examples of issues that would be discussed.

Mayor Espinoza opened and closed Public Comments at 8:09 p.m., as there were no comments from the public.

Mayor Pro-Tem Samra asked what happens if the City does not join a joint powers authority.

City Attorney Sanchez replied that the City is already part of other organizations that are part of the joint powers authority.

Mayor Espinoza asked if a representative will be selected today.

City Attorney Sanchez replied no.

Mayor Espinoza noted that the benefit of joining a joint powers authority is that the City may qualify for a plethora of State and Federal grants.

Motion: M/S Samra/McCabe to adopt Resolution No. 2016-45 Approving the Merced Integrated Regional Water Management Authority (MIRWMA) Joint Powers Agreement. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: McCabe, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Soria, Sicairos

10. Resolution Awarding a Contract for the Water SCADA System Upgrade Project to Tesco Controls.

Interim City Manager Ortiz introduced this item. Interim City Manager Ortiz noted that this system is already incorporated in other facilities and would be consistent with other wells in the City. Also, the system allows remote reporting that can be monitored from a laptop or cell phone.

Mayor Espinoza opened and closed Public Comments at 8:17 p.m., as there were no comments from the public.

Motion: M/S McCabe/Samra to adopt Resolution No. 2016-46 Awarding a Contract for the Water SCADA System Upgrade Project to Tesco Controls. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: McCabe, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Soria, Sicairos

11. Resolution Approving a Two (2) Year Professional Services Agreement Between the City of Livingston and Ricky Ricardo Promotions as an Event Planner to Assist in Planning the City’s Sweet Potato Festival.

Interim City Manager Ortiz introduced this item.

Mayor Espinoza noted that the sweet potato is growing in popularity. Ricky Ricardo Promotions has an extended network that can help with marketing and finding talent for live entertainment.

Council Member McCabe noted that he has attended various functions managed by Ricky Ricardo Promotions and he finds their events to be extremely professional and very successful. Mayor Espinoza opened and closed Public Comments at 8:20 p.m., as there were no comments from the public.

Motion: M/S Samra/McCabe to adopt Resolution No. 2016-47 Approving a Two (2) Year Professional Services Agreement Between the City of Livingston and Ricky Ricardo Promotions as an Event Planner to Assist in Planning the City’s Sweet Potato Festival. The motion carried

3-0-2 by the following roll call vote:

AYES: Council Members: McCabe, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Soria, Sicairos

12. Review, Discussion and Possible Direction to City Staff on Park Facility Rental Procedures and Guidelines.

Interim City Manager Ortiz introduced this item. He noted that oftentimes parks are damaged after events and festivals. This requires a lot of staff attention and funding.

Council Member McCabe noted that the City should consider establishing a fee structure to pay for damages to City parks and facilities. A methodology or study should be conducted analyzing the average cost of repairs and personnel time.

The City Council directed staff to study how much it cost to repair damages and pay for staff time.

13. Review, Discussion and Possible Direction – Roundabout – Main Street Improvement Project.

City Engineer Gouveia introduced this item. He provided background regarding a City workshop (facilitated by the Congress for New Urbanism) and provided conceptual illustrations from that.

Mayor Espinoza opened Public Comments at 8:50 p.m.

Alternate Planning Commissioner Robert Wallis asked if a speed limit has been determined for the roundabout.

City Engineer Gouveia replied that these details will be determined in the later stages of the development process.

Mayor Espinoza closed Public Comments at 8:50 p.m., as there were no further comments from the public.

Police Chief Chavez commented that this roundabout could be an asset for the community. Studies have shown that roundabouts have much lower accident rates than stop lights or stop signs. There are other parts of town that have roundabouts that have been used successfully.

ADJOURNMENT

The meeting was adjourned by consensus at approximately 8:54 p.m.

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Deputy City Clerk of the City of Livingston

APPROVED: September 6, 2016

_____________________________

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.