3 Approval of Minutes of Meeting Held on November 13, 2014.

Meeting Date: JANUARY 06, 2015

Agenda Item #3. Approval of Minutes of Meeting Held on November 13, 2014.

Note from TheGardeningSnail: Parts of this page may have been prepared by running a PDF Image Document through a program which converts image to text. My apologies for any Textual Gremlins that may have slipped in. Copy of the Original can be found on the City’s Website.

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MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL

NOVEMBER 13, 2014

A Special Meeting of the Livingston City Council was held on November 13, 2014, in the City Council Chambers with Mayor Espinoza presiding.

SPECIAL MEETING

CALL TO ORDER

Mayor Espinoza called the meeting to order at 6:03 p.m.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Gurpal Samra

Council Member Jim Soria (Excused Absence)

Council Member Arturo Sicairos

Council Member David Mendoza

City Attorney Sanchez reminded the audience that Citizen Comments can be given prior to commencing Closed Session.

CITIZEN COMMENTS

Mayor Espinoza opened Citizen Comments at 6:05 p.m.

Ken Warnock, the new Cal Fire Battalion Chief for the Delhi sub-station, introduced himself and made himself available for any questions that City Council may have. No questions were asked.

Mayor Espinoza closed Citizen Comments at 6:07 p.m., as there were no additional comments from the public.

CLOSED SESSION

Mayor Espinoza opened the meeting for public comments at 6:09 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 Real Property Negotiator

(Government Code Section 54956.8)

Property: APN: 024-011-016, Olive Avenue

APN: 023-100-049, Burgundy Drive

Negotiating Party: City Manager

3. PUBLIC EMPLOYMENT

(Government Code Section 54957)

Title: Finance Director/Assistant City Manager

4. Conference with Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented City Employees

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

Council Member David Mendoza

CLOSED SESSION ANNOUNCEMENTS

No reportable action was taken.

CHANGES TO THE AGENDA

City Manager Ramirez announced that item number five will be tabled to a subsequent City Council meeting.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

5. Invocation by Police Chaplain Mike Outten. Swearing-in of new Police Officer Sergio Casanova.

Oath of Office to be administered by Deputy City Clerk Odi Ortiz.

This item was tabled to a subsequent City Council meeting.

CONSENT CALENDAR

6. City Council to Accept Donation of One 2001 Dodge 3/4 Ton Long Bed Pickup from Reserve Officer Joseph Cruz from California Highway Patrol Decommissioned Vehicle Fleet.

7. Council Authorize Purchase of Two Public Works Utility Trucks from Smith Chevrolet Cadillac, Inc. (Merced Cadillac not Smith).

8. Resolution No. 2014-59 Authorizing the City Manager to Execute the Right-of-Way Certification for CMAG – Sidewalk Infill on Stefani Avenue, White Avenue, Crowell Street, and Simpson Avenue in the City of Livingston – Federal Project No. CML-5256(016).

9. Reappointment of Marge McFadden to the Merced County Mosquito Abatement District Board of Trustees.

10. Approval of Warrant Register Dated October 30, 2014.

Mayor Espinoza announced that there was an error on the Consent Calendar. Item number seven should read “Merced Chevrolet” not “Smith Chevrolet.”

City Council pulled item number nine from the Consent Calendar for separate discussion to allow City Council to set a timeline for the reappointment of Marge McFadden to the Merced County Mosquito Abatement District Board of Trustees.

Motion: M/S Samra/Sicairos to approve the Consent Calendar, item numbers six, seven, eight, and ten. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Soria

Mayor Pro-Tem Samra announced that Marge McFadden has been doing an excellent job and that he believes she should be reappointed for a four year term instead of a two year term

Motion: M/S Samra/Sicairos to reappoint Marge McFadden to the Merced County Mosquito Abatement District Board of Trustees, for a period of four years. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Soria

DISCUSSION AND POTENTIAL ACTION ITEMS

11. City Council Accept the City of Livingston – Independent Auditor’s Report and Financial Statements June 30, 2014 and City of Livingston Local Transportation Development Act Fund – Independent Auditor’s Report and Financial Statements June 30, 2014.

The auditor directed City Council’s attention to Page 7, regarding the General Fund. He discussed how these funds were impacted by the dispute between the City and the State over the RDA debt. In addition he reviewed Page 10, which focuses on Enterprise Funds and Water/Wastewater Funds. He announced that these funds are operating as intended and have received significant recovery over the year.

City Attorney Sanchez asked if the Redevelopment Agency account is being considered as “payable” in this report.

The auditor replied that the RDA debt is being considered. The City has taken a conservative approach by presenting the budget as it would be if the RDA debt was repaid even though it has not been repaid yet.

Mayor Espinoza opened the item for Public Comments at 7:26 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, directed everyone’s attention to Page 9, under the column titled “Water.” She asked if this section includes Enterprise Funds/Water Capital. Also, she asked why the TCP settlement funds have been reduced from approximately 9.5 million dollars to approximately 6.5 million dollars.

Assistant City Manager/Finance Director Ortiz replied that the City invested two million dollars on Well #8. He added that if Mrs. Schell-Rodriguez wishes, tomorrow he may provide a Cash Report showing the accounts activity.

Mayor Espinoza added that Well #8, which the Finance Director has alluded to, is located near Yamato Colony Elementary School. (Note from TheGardeningSnail. Well #8 is also next to Foster Farms. Part of a Settlement Agreement between California River Watch and The City of Livinston was to have the TCP Filtration System on this well up and running no later than Jan o1, 2015)

City Manager Ramirez announced that this is a good time for updates on Well #8 and Well#13.

Alternate City Engineer Alfonso Enriquez announced that a lot of work has been put into Well #8. Specifically, the media, vessels, MCC, and instrumentation have been improved. The next step is to show water samples to the California Department of Public Health (CDPH) to ensure that the vessels are up to code and that the water quality has been improved. Staff will continue to conduct internal analysis/sampling and when they feel prepared they will contact the CDPH to begin their review process, perhaps by December.

In addition, Well #13 will be going through a similar process for arsenic contamination compliance review. The CDPH wants to see Pilot Tests from various contractors and they will support the most economical/efficient bid. The Engineering Department hopes to have a bid available for City Council to select by the next City Council meeting. (Note from TheGardeningSnail. Part of a Settlement Agreement between California River Watch and The City of Livinston was to have the Arsenic Filtration System on this well up and running no later than June o1, 2016)

City Manager Ramirez replied that these costs are reimbursable under the State Revolving Loan Fund program.

Engineer Enriquez continued his presentation and shared that a sand separator has been installed on Wells #11 and #9, however, the sand is extremely fine and will have to be adjusted or replaced. The first step is to identify the size of the sand particles and then provide a sand separator that would be appropriate for filtering said sand particles.

Motion: M/S Samra/Sicairos to Accept the City of Livingston – Independent Auditor’s Report and Financial Statements June 30, 2014 and City of Livingston Local Transportation Development Act Fund – Independent Auditor’s Report and Financial Statements June 30, 2014.

The motion carried 3-0-1 by the following roll call vote:

AYES: Council Members: Sicairos, Samra, Espinoza

NOES: Council Members: None

ABSENT: Council Members: Soria

ABSTAIN: Council Member: Mendoza

Council Member Mendoza chose to abstain as he felt that he needed to do additional research to fully understand the subject matter.

12. Award of Bid for Joseph Gallo Park Improvements to Marko Construction, Fresno, CA.

Alternate City Engineer Enriquez announced that the City received six bids for this item. All bids were well below the expected budget for this project. Engineer Enriquez showed graphics/renderings for the Joseph Gallo Park improvement plan.

Mayor Espinoza asked if the graphics have been posted on the City’s website.

Engineer Enriquez replied yes.

Mayor Espinoza announced that the improvements include three small picnic shelters, restrooms, a playground structure, and trees.

Mayor Espinoza opened and subsequently closed Public Comments at 7:41 p.m. as there were no comments from the audience.

Motion: M/S Samra/Mendoza to award the bid for Joseph Gallo Park Improvements to Marko Construction, Fresno, CA. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Soria

ADJOURNMENT

The meeting was adjourned by consensus at 7:43 p.m.

_________________________________

City Clerk of the City of Livingston

APPROVED: January 6, 2015

___________________________

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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