8 Approval of Minutes of Meeting Held on June 20, 2017.

Meeting Date: September 05, 2017

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

JUNE 20, 2017

A Regular Meeting of the Livingston City Council was held on June 20, 2017, in the City Council Chambers with Mayor Soria presiding.

REGULAR MEETING

Mayor Soria called the meeting to order at 7:03 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

ROLL CALL

Mayor Jim Soria

Mayor Pro-Tem Gurpal Samra

Council Member Juan Aguilar

Council Member Arturo Sicairos

Council Member Alex McCabe

CHANGES TO THE AGENDA

Items #8 and #10 were moved ahead of Awards, Presentations, and Proclamations.

DISCUSSION AND POTENTIAL ACTION ITEMS:

8. Resolution Authorizing Council to Reclassify Two Officer Positions to Two Corporal Positions.

Police Chief Chavez introduced this item. He noted that the Police Department has many new officers, and there is a need to hire higher level officers that can supervise new employees.

Mayor Soria opened Public Comments at 7:09 p.m.

Paul H. Garcia, resident of Delhi, noted that Livingston’s Police Officers have a high level of professionalism.

Mayor Soria closed Public Comments at 7:11 p.m., as there were no further comments from the public.

Motion: M/S Samra/McCabe to adopt Resolution 2017- 40 Authorizing the Council to Reclassify Two Officer Positions to Two Corporal Positions. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: Aguilar, McCabe, Sicairos, Samra, Soria

NOES: Council Members: None

ABSENT: Council Members: None

10. City Council Authorize City Manager to Execute an Engineering Services Agreement with AM Consulting Engineers, Inc. for Preparation of a Surface Water Supply Study.

City Manager Ramirez introduced this item. The City was recently awarded 1.7 million dollars through the CDBG. An RFP or RFQ was prepared by a consultant for this project. Only one firm submitted an application to prepare the City’s Surface Water Supply Study.

City Attorney Sanchez noted that the City received a comment from the community. The resident noted that Alfonzo Manrique, who works for Gouveia Engineering as a subconsultant, also works for AM Consulting Engineering. Gouveia Engineering was not involved in the preparation of this RFP or RFQ.

Council Member McCabe asked if this item was advertised on the City’s Website.

City Attorney Sanchez noted that the City reached-out to 15 companies for quotes, published this project both in the newspaper and online.

Council Member McCabe asked if this project is time sensitive. He would like to see more than one offer to compare multiple proposals.

City Manager Ramirez noted that there is a time period for executing an agreement.

Mayor Soria opened Public Comments at 7:21 p.m.

Warren Urnberg, 1331 8th Street, announced that previous studies from Kennedy Jenks showed that taking surface water from the Merced River would be unfeasible, because the filtration systems would be too complex and difficult to fund.

City Manager Ramirez clarified that water would not be taken from the surface of the Merced River.

Mayor Pro-Tem Samra asked for the difference between a RFP and a RFQ.

City Manager Ramirez explained that a RFQ verifies a firm’s knowledge, certifications, and general ability to complete a task. An RFP reviews a firm’s plan or strategy to solve a task with consideration for project expenditures.

Mayor Pro-Tem Samra asked if Gallo Park or Max Foster Sports Complex could be irrigated with MID canal water.

City Manager Ramirez acknowledged that this could be possible, but would require an agreement with MID.

Mayor Soria closed Public Comments at 7:24 p.m., as there were no further comments from the public.

Council Member McCabe would like staff to personally call the firms that rejected the proposal. He would have liked to see more than one proposal for this study.

City Manager Ramirez noted that low staff levels may make this difficult.

Mayor Soria noted that the advertisement was available. Firms chose not to apply for the work.

Motion: M/S McCabe/Samra for City Council to Authorize the City Manager to Execute an Engineering Services Agreement with AM Consulting Engineers, Inc. for Preparation of a Surface Water Supply Study. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: Aguilar, McCabe, Sicairos, Samra, Soria

NOES: Council Members: None

ABSENT: Council Members: None

AWARDS, PRESENTATIONS, PROCLAMATIONS

1. Presentation: Wayne Padilla, HdL Companies, City of Livingston Sales Tax Revenue.

Wayne Padilla introduced this item. HdL’s focus is to analyze and forecast sales tax revenue for the City. He explained the process of allocating tax revenue and discussed particular tax laws and exemptions.

Mayor Soria opened and closed Public Comments at 8:24 p.m., as there were no comments from the public.

ANNOUNCEMENTS AND REPORTS

Supervisor Rodrigo Espinoza Announcements and Reports.

County Supervisor Espinoza congratulated Alex McCabe for becoming the Vice-Chair of MCAG. Moreover, the Board of Supervisors recently agreed on a revenue sharing agreement between the County of Merced and the City of Atwater. Hopefully Livingston and the County can finalize their tax sharing agreement soon.

Mayor Pro-Tem Samra appreciates County Supervisor Espinoza’s collaboration.

Paul H. Garcia, resident of Delhi, noted that he attended the recent Board of Supervisors meeting and was impressed with County Supervisor Espinoza’s contributions to discussions.

City Staff Announcements and Reports.

Police Chief Chavez noted that the City has opened cooling zones for the public at the Library and Police Department.

County Supervisor Espinoza noted that the City should consider making the Council Chambers the City’s official voting center. Consideration should also be given to the Community Center.

Fire Chief Carter gave an Emergency Activity Report. Firefighters recently received training in Wildland Urban Interface and for Apparatus Drafting.

City Manager Announcements and Reports.

City Manager Ramirez noted that several complaints have been reported regarding dilapidated recycling kiosks. In addition, the Max Foster Sports Complex was not awarded a grant for improvements. The City will reapply next year. Moreover, the City should consider replacing street lights and making weed abatement a priority. The Downtown Improvement Plans have been partially developed and there are still plans that can be implemented. Lastly, the City’s street sweeper will be replaced around 2018.

City Council Members’ Announcements and Reports.

Council Member McCabe noted that Warren G and Roberto Tapia will be performing at the 4th of July Festival.

Council Member Aguilar encouraged the community to stay hydrated during the current heat wave.

Mayor’s Announcements and Reports.

Mayor Soria thanked staff for all of their hard work and encouraged the community to stay hydrated during upcoming heat waves.

CITIZEN COMMENTS

Mayor Soria opened Citizen Comments opened at 8:55 p.m.

County Supervisor Espinoza is disappointed that the Street Fair is not generating much attendance or vendor interest.

Mayor Soria closed Citizen Comments 8:57 p.m., as there were no further comments from the public.

CONSENT AGENDA

2. Resolution No. 2017-41 Making Appointments to Fill the Vacancies on the Livingston Parks and Recreation Commission.

3. Resolution No. 2017-42 Initiating Proceedings and Ordering the Preliminary Engineer’s Report for the Annual Levy of Assessments for Fiscal Year 2017/2018 for the Citywide Consolidated Landscape Maintenance Assessment District No. 1, Approving the Engineer’s Report, Declaring the City’s Intention to Levy Annual Assessments for the District, and Appointing a Time and Place for a Public Hearing.

4. Resolution No. 2017-43 Imitating Proceedings and Ordering the Preliminary Engineer’s Report for the Annual Levy of Assessments for Fiscal Year 2017/2018 for the Livingston Benefit Assessment Districts, Approving the Engineer’s Report, Declaring the City’s Intention to Levy Annual Assessments Within Such Districts, and Appointing a Time and Place for a Public Hearing.

5. Approval of Warrant Register Dated June 15, 2017.

Motion: M/S Samra/Sicairos to approve the Consent Calendar. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: Aguilar, McCabe, Sicairos, Samra, Soria

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS:

6. Resolution Continuing the 2016/17 Fiscal Year Budget and Authorizing the City Manager to Continue Making Required Expenditures to Meet Current or Immediate Financial Obligations Until the 2017/18 Fiscal Year Budget is Adopted.

Mayor Soria opened and closed Public Comments at 9:03 p.m., as there were no comments from the public.

Motion: M/S Samra/Aguilar to adopt Resolution No. 2017- 44 Continuing the 2016/17 Fiscal Year Budget and Authorizing the City Manager to Continue Making Required Expenditures to Meet Current or Immediate Financial Obligations Until the 2017/18 Fiscal Year Budget is Adopted. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: Aguilar, McCabe, Sicairos, Samra, Soria

NOES: Council Members: None

ABSENT: Council Members: None

7. Resolution Authorizing the City Manager to Employ Brad Grant as a Retired Annuitant to Fill the Position of Interim Finance Director Pursuant to Government Code Section 21211(g) and (h), and Making the Findings Necessary Pursuant to Government Code Section 7522.56(f)(1) to Employ Brad Grant Prior to the Required 180 Days Waiting Period.

City Manager Ramirez introduced this item.

City Attorney Sanchez outlined the legalities associated with hiring a recently retired PERS employee.

Mayor Soria opened and closed Public Comments at 9:11 p.m., as there were no comments from the public.

Motion: M/S McCabe/Sicairos to adopt Resolution No. 2017- 45 Authorizing the City Manager to Employ Brad Grant as a Retired Annuitant to Fill the Position of Interim Finance Director Pursuant to Government Code Section 21211(g) and (h), and Making the Findings Necessary Pursuant to Government Code Section 7522.56(f)(1) to Employ Brad Grant Prior to the Required 180 Days Waiting Period.. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: Aguilar, McCabe, Sicairos, Samra, Soria

NOES: Council Members: None

ABSENT: Council Members: None

9. Resolution Entering into the Agreements with PG&E Streetlight Turnkey Program and Authorizing the City Manager to Execute Agreement Documents.

City Manager Ramirez introduced this item. He noted the financial benefits of this loan, and explained that new energy efficient street lights would provide substantial long-term savings for the City.

Mayor Soria opened and closed Public Comments 9:15 p.m., as there were no further comments from the public.

Motion: M/S Soria/Aguilar to adopt Resolution No. 2017- 46 Entering into the Agreements with PG&E Streetlight Turnkey Program and Authorizing the City Manager to Execute Agreement Documents. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: Aguilar, McCabe, Sicairos, Samra, Soria

NOES: Council Members: None

ABSENT: Council Members: None

ADJOURNMENT

The meeting was adjourned by consensus at approximately 9:17 p.m.

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Deputy City Clerk of the City of Livingston

APPROVED: September 5, 2017

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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.

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