Approval of Minutes of Meeting on October 1, 2013

Livingston, California

Notes from TheGardeningSnail: Parts of This page may have been prepared by running a PDF file through a program that converts Image to Text. Sorry if any Textual Gremlins crept in.

Meeting Date:  January 21, 2014

Agenda Item #5. Approval of Minutes of Meeting  on October 1, 2013

MEETING MINUTES

 

SPECIAL MEETING/REGULAR MEETING

LIVINGSTON CITY COUNCIL

OCTOBER 1, 2013

 

A Special Meeting and Regular Meeting of the Livingston City Council were held on October 1, 2013, in the City Council Chambers with Mayor Espinoza presiding.

SPECIAL MEETING

CLOSED SESSION

 

CALL TO ORDER

Mayor Espinoza called the meeting to order at 5:36 p.m.

ROLL CALL

 

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra (Excused Absence)

Council Member Jim Soria

Council Member Arturo Sicairos

Council Member David Mendoza (Excused Absence)

 

Mayor Espinoza opened the meeting for public comments at 5:38 p.m. There were no comments from the public. The Council adjourned to 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: 3

2. Conference with Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented City Employees

 

DISCUSSION AND POTENTIAL ACTION ITEM

 

3. City Engineer Interview – Provost and Pritchard Consulting Group.

 

REGULAR MEETING

 

Mayor Espinoza called the meeting to order at 7:10 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

Council Member Arturo Sicairos

Council Member David Mendoza

CLOSED SESSION ANNOUNCEMENTS

 

None.

 

CHANGES TO THE AGENDA

 

None.

AWARDS, PRESENTATIONS, APOINTMENTS AND PROCLAMATIONS

 

1. John Bidwell, Program Manager, Quantum Energy Services and Technologies (QUEST): California Wastewater Process Optimization Program (CALPOP).

John Bidwell, Program Manager from Quantum Energy Services and Technologies gave an informational presentation in regards to how their service may deliver energy savings to the City’s wastewater facilities. He discussed the funding mechanism behind his proposal and concluded his presentation with a question and answer period.

Katherine Schell-Rodriguez, P.O. Box 163 shared that on April 17, 2012, Schneider Electric gave a similar presentation. She asked how QUEST’s proposal is different from Schneider’s.

City Manager Ramirez replied that these are two completely different projects. Schneider Electric proposed installing a solar farm and then selling the energy to the City at a fixed rate. Unfortunately due to State funding modifications, Schneider Electric was unable to follow through with their proposal.

Mr. Bidwell added that QUEST is proposing an energy efficiency project not an energy creation project.

Ranjeet Jhutti, 1199 Barcelona Drive asked if the preliminary assessment which suggests replacing vertical turbine and adding scatter control is being proposed to other cities.

Mr. Bidwell replied that each city will have a proposal that is best for their situation.

 

Supervisor John Pedrozo Announcements and Reports.

None.

City Staff Announcements and Reports

Police Chief Chavez gave a presentation on burglary statistics, animal citations, and gang enforcement sweeps. Chief Chavez also explained that of the existing 163,000 prison inmates, 50,000 will soon be released. In addition, he discussed the dangers of perpendicular parking and how the marijuana ordinance used in Fresno can be treated as a precedent study for Livingston.

Merced County Sheriff’s Officer Ray Framstad commented that Merced County does not have a marijuana ordinance, but they do have a nuisance ordinance. He added that growers live outside the Central Valley and they cultivate multi-million dollar grows. He concluded by saying that the County is being very aggressive with this issue so it is very likely that many growers may move into city limits’, which can get out of hand if the city does not have an ordinance in place. A question and answer period followed.

Public Works Director Humberto Molina discussed recent projects which include cleaning alleys, replacing equipment, and addressing copper theft.

City Engineer Gottiparthy reported that due to construction of the Livingston Family Apartments, Main Street was closed for paving operations.

City Manager Announcements and Reports.

City Manager Ramirez thanked City Staff and the community for attending the Sweet Potato Festival. He also thanked everyone who participated and hopes that this event continues in the future. In addition, the City recently received a small PG&E grant that can be applied to beautify the downtown.

City Council Members’ Announcements and Reports.

Council Member Sicairos thanked the Recreation Department for their hard work organizing the Sweet Potato Festival.

Council Member Soria commented that the Sweet Potato Festival was a nice event. He would like to thank the Police Explorers for their hard work.

Mayor Pro-Tem Samra concurred that the Sweet Potato Festival was a success. He then changed topics and encouraged the community to explore the idea of increasing the Mayor’s term from 2 years to 4 years.

Mayor’s Announcements and Reports.

Mayor Espinoza believes it is best for the City if the Mayor is elected every 4 years with a systematic rotation of Council Members. He also thanked everyone who participated in the Sweet Potato Festival.

CITIZENS COMMENTS

Katherine Schell-Rodriguez, P.O. Box 163 invited the community to look at her website, thegardeningsnail.wordpress.com, for information pertaining to local politics. In addition she shared that during the recent Utility Rates Stakeholders’ Committee meeting she did not see representatives from Foster Farms present. She inquired if the City has had interaction with Foster Farms since the Kennedy-Jenks report was distributed.

City Manager Ramirez thanked Ms. Schell-Rodriguez for her comments. He noted that he recently spoke with Foster Farms’ staff. Unfortunately, the assigned Foster Farms representative was out of State and the replacement was sick.

Frank Santos, 1514 First Street stated that he likes Livingston, but has issues with the community’s overall quality of lawn maintenance. He also thanked Public Works for their hard work cleaning up alleys.

Maria Santos, 1514 First Street believes that the City needs more grocery stores.

City Manager Ramirez replied that Dollar General is soon opening a store in town. In addition, Rancho

San Miguel will soon come to Livingston.

CONSENT CALENDAR

Consent Calendar items number two and number three were pulled for separate discussion.

2. Resolution Awarding Construction Contract to FBD Vanguard Construction, Inc., Livermore, CA, Approving the Expenditure of Construction Funds for the CMAQ Pedestrian Improvement Sidewalk Installation Project – Project No. CML-5256 (012) and Authorizing the City Manager to Execute a Construction Contract and Any Change Orders Thereto with FBD Vanguard Construction, Inc.

3. Resolution Awarding Construction Contract to Conco West, Inc. of Manteca, CA; Approving the Expenditure of Construction Funds for the Well No. 8 Wellhead Treatment System and Authorizing the City Manager to Execute a Construction Contract and Any Change Orders Thereto with Conco West, Inc.

4. Approval of Warrant Register Dated September 26, 2013.

 

Motion: M/S: Samra/Sicairos to approve item #4 on the consent calendar. The motion carried

5-0 by the following roll call vote:

AYES: Council Members: Sicairos, Mendoza, Soria, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: None

CONSENT AGENDA DISCUSSION

 

2. Resolution Awarding Construction Contract to FBD Vanguard Construction, Inc., Livermore, CA, Approving the Expenditure of Construction Funds for the CMAQ Pedestrian Improvement Sidewalk Installation Project – Project No. CML-5256 (012) and Authorizing the City Manager to Execute a Construction Contract and Any Change Orders Thereto with FBD Vanguard Construction, Inc.

Mayor Pro-Tem Samra shared that the difference between bids is as slim as $4,000. He asked if the City is legally obligated to select the lowest bidder as this is a $500,000 project going to Livermore instead of Merced County.

City Attorney Sanchez said that it is mandatory to accept the lowest bidder. Other cities give incentives to local employers, which is something that Council can explore for the future.

City Manager Ramirez commented that if the objective is to bring jobs to the community the City has the option of bringing out language saying that they would like a percentage of employees to reside in the area.

City Attorney Sanchez cautioned about doing that because it may drive-up the bids.

The public comment period was opened and subsequently closed at 9:14 p.m. as there were no public comments.

Motion: M/S: Soria/Espinoza to adopt Resolution No. 2013-48 Awarding Construction Contract to FBD Vanguard Construction, Inc., Livermore, CA, Approving the Expenditure of Construction Funds for the CMAQ Pedestrian Improvement Sidewalk Installation Project – Project No. CML-5256 (012) and Authorizing the City Manager to Execute a Construction Contract and Any Change Orders Thereto with FBD Vanguard Construction, Inc. The motion carried 4-1 by the following roll call vote:

AYES: Council Members: Mendoza, Soria, Samra, Espinoza

NOES: Council Members: Sicairos

ABSENT: Council Members: None

 

3. Resolution Awarding Construction Contract to Conco West, Inc. of Manteca, CA; Approving the Expenditure of Construction Funds for the Well No. 8 Wellhead Treatment System and Authorizing the City Manager to Execute a Construction Contract and Any Change Orders Thereto with Conco West, Inc.

Mayor Espinoza introduced the item.

The public comment section was opened and subsequently closed at 9:22 p.m.

Motion: M/S: Samra/Mendoza to adopt Resolution No. 2013-49 Awarding Construction Contract to Conco West, Inc. of Manteca, CA; Approving the Expenditure of Construction Funds for the Well No. 8 Wellhead Treatment System and Authorizing the City Manager to Execute a Construction Contract and Any Change Orders Thereto with Conco West, Inc. The motion carried 5-0 by the following roll call.

AYES: Council Members: Sicairos, Mendoza, Soria, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: None

 

DISCUSSION AND POTENTIAL ACTION ITEMS

 

5. Resolution Approving a Professional Services Agreement to Provide Contract Engineering Staff Support Services for the City of Livingston and Authorizing the City Manager to Execute the Agreement in a Form Acceptable to the City Attorney.

City Manager Ramirez introduced the item and relayed that the City had three firms apply; Gouveia Engineering, Inc., SNG and Associates and Provost and Pritchard Consulting Group. All firms were interviewed.

The public comment period was opened by Mayor Espinoza at 9:33 pm.

Katherine Schell-Rodriguez, P.O. Box 163 asked if Council is going to seriously consider not hiring the engineering firm that has been addressing the City’s water quality issues and meeting with the Utility Rates Stakeholders’ Committee.

The public comment section was closed by Mayor Espinoza at 9:38 p.m. as there were no further public comments.

Mayor Pro-Tem Samra shared that the City does not have to commit to a 3 year contract. He added that the City recently approved a 2 million dollar engineering related contract. He questioned whether it is smart to switch engineers especially considering that the City is going to spend 8 million dollars during the next few years.

Motion: M/S Samra/Mendoza to adopt a Resolution Approving a Professional Services Agreement to Provide Contract Engineering Staff Support Services with SNG and Associates for the City of Livingston and Authorizing the City Manager to Execute the Agreement in a Form Acceptable to the City Attorney. The motion failed 2-3 by the following roll call vote.

AYES: Council Members: Mendoza, Samra

NOES: Council Members: Sicairos, Soria, Espinoza

ABSENT: Council Members: None

Motion: Espinoza/Sicairos to adopt Resolution No. 2013-50 Approving a Professional Services Agreement to Provide Contract Engineering Staff Support Services with Gouveia Engineering, Inc. for the City of Livingston and Authorizing the City Manager to Execute the Agreement in a Form Acceptable to the City Attorney. The motion carried 4-1 by the following roll call vote.

AYES: Council Members: Sicairos, Mendoza, Soria, Espinoza

NOES: Council Members: Samra

ABSENT: Council Members: None

6. Resolution Approving a Land Lease Agreement Between the City of Livingston and Gerald Martin for Property Known as 15036 Vinewood Avenue, APN Numbers 047-140-006 and 047-140-0017.

 

City Manager Ramirez introduced the item.

The public comment period was opened and subsequently closed by Mayor Espinoza at 9:43 pm. as there were no comments from the public.

Mayor Espinoza commented that Mr. Martin has improved the land very well and feels that the City should extend the lease on his land. In addition, he shared that Mr. Martin is even thinking about funding an access road to the City’s land.

Motion: M/S: Samra/Espinoza to adopt Resolution No. 2013-51 Approving a Land Lease Agreement Between the City of Livingston and Gerald Martin for Property Known as 15036 Vinewood Avenue, APN Numbers 047-140-006 and 047-140-0017. The motion carried 5-0 by the following roll call vote.

AYES: Council Members: Sicairos, Mendoza, Soria, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: None

 

ADJOURNMENT

 

Mayor Espinoza adjourned the meeting at 9:46 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: January 21, 2014

___________________________

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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