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

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Meeting Date: August 02, 2016

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

MAY 17, 2016

A Closed Session/Regular Meeting of the Livingston City Council was held on May 17, 2016, in the City Council Chambers with Acting Mayor Samra presiding.

CALL TO ORDER

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

ROLL CALL

Mayor Rodrigo Espinoza (Excused Absence)

Mayor Pro-Tem Gurpal Samra

Council Member Jim Soria

Council Member Arturo Sicairos

Council Member Alex McCabe (Late Attendance)

Acting Mayor Samra opened and subsequently closed Citizen Comments at 6:12 p.m. as there were no comments from the public.

CLOSED SESSION

Acting Mayor Samra opened the meeting for public comments at 6:13 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—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

2. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiators: Interim City Manager/City Attorney

Employee Organization: Public Works/Parks Unit

REGULAR MEETING

Acting Mayor Samra called the meeting to order at 7:02 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

ROLL CALL

Mayor Rodrigo Espinoza (Excused Absence)

Mayor Pro-Tem Gurpal Samra

Council Member Jim Soria

Council Member Arturo Sicairos

Council Member Alex McCabe (Excused Absence)

CLOSED SESSION ANNOUNCEMENTS

No reportable action was taken.

CHANGES TO THE AGENDA

Item No. 8 was postponed to a future City Council Meeting.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

None.

City Staff Announcements and Reports.

Fire Department staff reported that the City received a new fire engine. The Fire Department would like to schedule a date to unveil the new engine to the community. Moreover, the Fire Department introduced their new engineer, Dana McCool. Engineer Carroll has many years of experience working with the Fire Departments in Mariposa and Stevenson.

Acting Mayor Samra recommended unveiling the new fire truck at the City’s Downtown Open Market.

Alternate City Engineer Manrique gave a PowerPoint presentation regarding the City’s Urban Water Management Plan. The goal of this plan is to ensure that the City has enough water resources to accommodate City growth during the next 20 years. Per State regulations, this plan must be updated every 5 years. This plan primarily focuses on water reduction requirements and water quality improvement plans.

City Manager Announcements and Reports.

Interim City Manager Ortiz announced that staff would like to create a five year budget projection for City Council to review.

City Council Members’ Announcements and Reports.

None.

Mayor’s Announcements and Reports.

Acting Mayor Samra announced that he recently traveled to Washington D.C. with many local politicians. This trip to Washington D.C. was very informative and productive.

CITIZEN COMMENTS

Acting Mayor Samra opened Citizen Comments at 7:16 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, announced that City Council recently discussed several settlement items during Closed Session. She asked if any settlements have been signed. In addition, she noted that warrants on the agenda show that the City recently paid for “Keep Clear” paint. She asked if the City could explain this purchase.

City Attorney Sanchez noted that settlement agreements have not been finalized.

City Engineer Gouveia replied that the “Keep Clear Zone” payment was for street markings near Chevron and McDonalds.

Alternate Planning Commissioner Robert Wallis reported that there are several properties in Livingston that violate the City’s maximum lot coverage standards. The City should consider increasing the maximum lot coverage allowed, to reduce both the size of lawns and water consumption.

Acting Mayor Samra closed Citizen Comments at 7:22 p.m., as there were no further comments from the public.

CONSENT CALENDAR

1. Resolution No. 2016-20 Authorizing the City Clerk to File and Record a Notice of Completion with the County of Merced for the Well #13 Arsenic Removal Treatment System.

2. Approval of Minutes of Meeting Held on April 5, 2016.

3. Approval of Warrant Register Dated May 12, 2016.

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

AYES: Council Members: Sicairos, Soria, Samra

NOES: Council Members: None

ABSENT: Council Members: McCabe, Espinoza

AWARDS, PRESENTATIONS AND PROCLAMATIONS

4. Review, Discuss, Seek Council Direction on Possible Projects for the next CDBG Grant Funding Cycle – Presentation by Paul Ashby, Ashby Adams Group.

Ashby Adams Group gave a PowerPoint presentation regarding CDBG funds. Livingston does not automatically receive CDBG funds, because its population is less than 50,000. The City must seek competitive CDBG funds and request public improvements projects within Census Tracts that are underserved and/or request CDBG funds to pay for either staffing or technical plans. To request new funds, the City must have spent at least 50% of funds from previous years. The City met this requirement and will re-apply for CDBG funds sometime this summer. Potential projects include replacing water lines near the downtown area, creating a technical TCP plan, and paying for Code Enforcement personnel.

Acting Mayor Samra opened and closed Public Comments at 7:40 p.m., as there were no comments from the public.

No action was taken on this item.

5. Resolution No. 2016-21 Approving a Two (2) Year Professional Services Agreement for IT Contract Services and Authorizing the Interim City Manager to Execute Agreement with Selected Firm.

Interim City Manager Ortiz introduced this item.

Michael Hall from TM Pros gave a PowerPoint presentation about his company and the services that they can provide for the City. TM Pros has offices in Atwater, Reno, and other cities. TM Pros does not currently serve any particular municipalities, but they do have clients within the health care sector.

Acting Mayor Samra asked if they have qualified personnel to assist the Police Department.

TM Pros noted that they recently hired an employee who has several years of experience working with police departments.

Mid Valley IT gave a presentation about their company and the services that they can provide. Mid Valley IT has many years of experience working with municipalities and currently work for the cities of Escalon and Newman. They have also worked with various local police departments, Riggs Ambulance, and fire departments.

Acting Mayor Samra opened Public Comments at 8:00 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, was concerned about online ransom wear and the potential elimination of City documents. She asked if either company has experience resolving these issues.

Mid Valley IT and TM Pros replied that they both have many years of experience dealing with hackers and will do their best to prevent hackers from entering their systems.

Acting Mayor Samra closed Public Comments at 8:07 p.m., as there were no further comments from the public.

Council Member Soria thanked both firms for attending. He believes that both companies are qualified. Because of that, the determining factors are in regards to cost, staffing levels, and personnel accessibility.

Motion: M/S Sicairos/Soria to adopt Resolution No. 2016-21 Approving a Two (2) Year Professional Services Agreement for IT Contract Services and Authorizing the Interim City Manager to Execute an Agreement with Mid Valley IT. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Sicairos, Soria, Samra

NOES: Council Members: None

ABSENT: Council Members: McCabe, Espinoza

6.   Resolution No. 2016-22 Approving a Memorandum of Understanding Setting Forth Certain Items of Agreement Among Agencies Within the Merced Sub-basin Following the Sustainable Groundwater Management Act and Authorizing the Interim City Manager to Execute the Agreement.

Interim City Manager Ortiz introduced this item.

Acting Mayor Samra opened Public Comments at 8:40 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked if this item gives the City permission to discuss regional issues with other jurisdictions.

Interim City Manager Ortiz and City Attorney Sanchez replied that a formal regional body has not been established and that approval of this item would simply allow the City to meet with other cities to discuss water-related issues.

Acting Mayor Samra closed Public Comments at 8:47 p.m., as there were no further comments from the public.

Acting Mayor Samra asked if the City is relinquishing power and control by joining a regional review body.

Interim City Manager Ortiz noted that the review body and voting system have yet to be established. Staff will provide updates before a review body is created. One of the benefits of joining a regional group is that the City would have access to specialized professionals that the City could otherwise not afford.

Acting Mayor Samra is concerned that Livingston could be outvoted on regional decisions.

Motion: M/S Sicairos/Soria to adopt Resolution No. 2016-22 Approving a Memorandum of Understanding Setting Forth Certain Items of Agreement Among Agencies Within the Merced Sub-basin Following the Sustainable Groundwater Management Act and Authorizing the Interim City Manager to Execute the Agreement. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Sicairos, Soria, Samra

NOES: Council Members: None

ABSENT: Council Members: McCabe, Espinoza

7. Resolution No. 2016-23 Awarding Contract to Tesco Controls – City of Livingston Well #13 and Well #17 – SCADA System Integration.

Alternate City Engineer Manrique introduced this item.

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

Motion: M/S Soria/Sicairos to adopt Resolution No. 2016-23 Awarding a Contract to Tesco Controls – City of Livingston Well #13 and Well #17 – SCADA System Integration.. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Sicairos, Soria, Samra

NOES: Council Members: None

ABSENT: Council Members: McCabe, Espinoza

8. City Council Discussion – Potential Use of Approximately 10+ Acres of Vacant Land Adjacent to Max Foster Sports Complex.

This item was postponed to a subsequent City Council Meeting.

ADJOURNMENT

The meeting was adjourned by consensus at approximately 8:50 p.m.

____________________________________

Deputy City Clerk of the City of Livingston

APPROVED: August 2, 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.