[0:28] e e [58:53] good evening everyone Welcome to our [58:55] regular council meeting for November 19 [58:59] 2024 uh calling a meeting to order at [59:07] 7:54 can we please stand for the Pledge [59:09] of [59:14] Allegiance ready [59:19] begin of America and to the stands one [59:24] nation [59:26] indivisible liberty and justice for all [59:29] if we can all please remain standing for [59:31] a moment of silence for our First [59:32] Responders and Military members [59:40] please thank you may be [59:45] seated roll call please roll call [59:49] council member Wallace present council [59:52] member SoDo present mayor pimp Samra [59:55] present mayor Moran present for the [59:58] record council member Roth is [1:00:01] absent thank [1:00:03] you uh I just want to report that uh [1:00:06] council member Ro he wasn't feeling too [1:00:08] well and he had to leave so he was part [1:00:10] of our regular uh close session but he [1:00:13] wasn't feeling too [1:00:15] well [1:00:16] um Ro uh close session announcements [1:00:19] thank you Mr Mayor uh nothing no [1:00:21] reportable action was taken at this time [1:00:24] thank you are there any changes to the [1:00:27] agenda uh yes Mr Mayor yes go ahead I [1:00:32] like to [1:00:34] request that item number [1:00:37] 44 be placed after item [1:00:40] number 41 because I have a conflict on [1:00:45] item number 42 and [1:00:47] 43 the discussion regarding water is [1:00:52] close to proximity to my house so [1:00:55] there's a conflict there [1:00:57] and the consolidation of Livingston [1:00:59] Floyd and chelby even though I'm at the [1:01:02] lower level I am an MTO employee that's [1:01:05] for abundance of caution I will recuse [1:01:08] myself as well on that [1:01:11] item okay so there's a request to move [1:01:14] item [1:01:15] 44 after [1:01:18] 41 uh is there any [1:01:22] um any disagreement I'm okay with that [1:01:26] see none uh is there anything [1:01:36] else after after 41 after 41 all right [1:01:40] thank you next we have uh citizen [1:01:43] comments uh this section of the agenda [1:01:45] allows members of the public to address [1:01:48] the city council on any item not on the [1:01:51] agenda members of the public uh when [1:01:53] recognized my should come forward to the [1:01:54] Lector and ify themselves comments are [1:01:57] normally limited to 3 minutes in [1:01:59] accordance with State open me laws no [1:02:01] action will be taken by the city council [1:02:03] this evening is there any uh citizen [1:02:06] comments for any items not on the agenda [1:02:09] please come forward you have three [1:02:11] minutes and if you can please state your [1:02:13] name for the record is there anyone on [1:02:15] the [1:02:18] phone hearing n is there anyone in the [1:02:20] chamber [1:02:38] can you hold on can can we make sure [1:02:39] that the mic is on [1:02:45] please thank [1:02:48] you my name is Angela Welch laara and my [1:02:52] address is 1848 Ashby Road in mered [1:02:56] California I'm a retired educator of [1:02:58] Merced City School District 26 years one [1:03:01] school district and 25 years one school [1:03:04] Alise [1:03:05] ures um my last observation was made by [1:03:09] Sacramento Department of Education in [1:03:14] 31727 um and I was forced to fill out an [1:03:17] accident report uh by the time I got [1:03:19] done all my paperwork came back um from [1:03:23] workman's comp and all that that I was [1:03:25] never an educator and it's all [1:03:27] classified and that means I don't have [1:03:29] registered fingerprints um with the [1:03:32] state and so I'm having trouble with my [1:03:34] community of mered and I've approached [1:03:36] them many times um following [1:03:40] protocol I was hoping to leave a living [1:03:43] breathing trust for the next uh the [1:03:46] children on that part but the next union [1:03:49] rep doesn't have to go through the same [1:03:51] thing um being that I'm an educator and [1:03:54] you go to do your work uh your taxes [1:03:57] it's difficult to be stuck between [1:03:59] because it's like bait and switch [1:04:01] identity theft in a sense um and I did [1:04:04] not uh do the 100% so that means it's [1:04:07] like I'm being stripped of my tenure [1:04:09] credential at the same time and then [1:04:12] when I go to present or approach my uh [1:04:15] the California Teachers Association [1:04:19] those who were running the district at [1:04:21] the time uh the principal uh and the the [1:04:26] others are now part of the California [1:04:28] retired Teachers Association so I'm [1:04:31] stuck in between two places and I [1:04:34] haven't had much success and so I've [1:04:37] actually have posters and books and [1:04:39] things like that um and I'm out of New [1:04:43] Mexico and um I can prove myself from [1:04:46] the 1500s for school board cuz my cousin [1:04:50] is an actor um and I'm not trying to [1:04:52] brag it's just he's the RoboCop of all [1:04:55] the robo cops of the 1500 for school [1:04:57] board I'm being told I have no rights [1:05:00] and I have a brand from [1:05:01] 1882 and we've all laid down our lives [1:05:05] our families why not leave a living [1:05:07] breathing trust uh the prior grievance [1:05:10] was um taking me dragging kicking and [1:05:12] screaming when I had 20 years and the [1:05:14] other person had eight and her husband [1:05:17] was a lawyer and now a judge that's [1:05:20] difficult to go against uh in my [1:05:22] community uh and now they're trying to [1:05:24] do dual language but it's through Mong [1:05:27] uh through the county how are you going [1:05:29] to do that when you're stripping the [1:05:31] teachers that are the bilingual a bclad [1:05:34] teacher to a classified person never a [1:05:38] teacher on paperwork so it's difficult [1:05:41] and where is Sacramento going to find [1:05:44] students at an account Clerk's desk that [1:05:47] was my last [1:05:48] observation um and I would like [1:05:51] representation I haven't had any luck [1:05:53] there and I'm to stuck between between [1:05:56] unions and um I haven't had much success [1:06:00] in response by them and I've actually [1:06:03] put it into a big book and I was trying [1:06:06] to apply for an endowment can you go [1:06:08] ahead and finish up your comments please [1:06:09] all right uh appreciate some assistance [1:06:12] with my community and um possibly [1:06:16] approach others and share this story and [1:06:20] give back to the migrant child and I'm [1:06:22] all the way from Roswell New Mexico [1:06:23] migrant means you're following the crop [1:06:25] I was EO English all the way appreciate [1:06:28] your time thank thank you thank you so [1:06:29] much is there any other uh citizen [1:06:32] comments in the [1:06:34] chamber no thank [1:06:38] you please state your name for the [1:06:42] record good everyone chip Che uh do want [1:06:45] to start with a quick birthday shout out [1:06:47] it's uh one of my favorite uncles [1:06:49] birthday is today he's not watching but [1:06:51] he's going to get happy when he sees [1:06:52] this so happy birthday to tiama uh big [1:06:54] 50 for him [1:06:56] uh comment related to something I [1:06:58] brought up back in April just haven't [1:06:59] seen it on the agenda since then and [1:07:01] hoping I can get clarification and if [1:07:03] not happy to follow up with [1:07:05] anybody before the meeting prior to the [1:07:07] April 16th meeting I can't remember the [1:07:09] date at the end of the meeting council [1:07:11] member Roth um and the future agenda [1:07:13] item section had asked if we could do a [1:07:15] water study related to Emerald textiles [1:07:19] the next meeting I had asked about the [1:07:21] update on that just cuz I didn't see it [1:07:23] on the agenda and I was told that these [1:07:24] things take time obviously you can't [1:07:26] just have a study in 2 weeks didn't know [1:07:27] that at the time but I haven't seen it [1:07:29] on the agenda since then and it's been [1:07:31] several months since that was brought up [1:07:33] so just wanted to ask if that's on the [1:07:35] radar are we looking into the water [1:07:38] usage of emerald textiles at all is a [1:07:39] study in [1:07:40] progress have also heard Rumblings about [1:07:44] Emerald being way out of compliance in [1:07:47] terms of how much water they're using [1:07:48] obviously don't have any evidence for [1:07:49] that it's just something that's been [1:07:50] brought up to me by folks in the [1:07:52] community so I wanted to mention that I [1:07:54] just wanted to ask about the progress of [1:07:56] that whole process thank [1:07:59] you thank you is there any other [1:08:02] additional citizen comments in the [1:08:03] chamber at this [1:08:10] time thank you go [1:08:15] ahead Julio [1:08:16] vales so um I talked to you guys um [1:08:21] before you went to close session and you guys had asked uh well actually [1:08:27] um you Mr Mayor [1:08:31] you uh Maria you guys had said that you [1:08:34] would put this in the agenda or close [1:08:36] session uh to go back and and and look [1:08:40] into paying the people that you did not [1:08:42] pay after the 4th of July Festival um so [1:08:45] I would I wanted to ask you guys to [1:08:47] bring that up again it does there was no [1:08:49] reportable action I don't know if there [1:08:51] was action or not on that but when you [1:08:54] talk to the band manager you told him [1:08:57] that it would be on today's agenda you [1:09:01] also told him that you would even give [1:09:04] your your Council money to him if [1:09:08] whatever reason nothing happened so um [1:09:11] like I said [1:09:12] earlier um mayor Moran Maria you guys [1:09:16] say that you're for the community with [1:09:18] the community that you support the [1:09:20] community these kids that played on the [1:09:22] 4th of July are part of your community [1:09:25] and just like I said earlier one of the [1:09:27] kids that played in the band was was one [1:09:29] of your students at Livingston high [1:09:31] school so I hope that you guys really [1:09:33] reconsider that I I understand that [1:09:36] there was not a contract but you used to [1:09:38] do events sometimes things happen bands [1:09:41] don't show up you got to do something [1:09:43] and and make the show go on so that's [1:09:46] what I did I asked that band who played [1:09:48] two days for free I asked them well this [1:09:51] other band didn't show up can you play [1:09:52] one more set and we'll go ahead and pay [1:09:55] you [1:09:56] so they agreed and we had several [1:10:00] meetings with you guys and you guys [1:10:03] asked for paperwork they turned in the [1:10:05] W9 they turned in their invoice nothing [1:10:08] happened same thing with the nonprofit I [1:10:09] got to go faster cuz I'm running out of [1:10:11] time but same thing with the nonprofit [1:10:13] nobody wanted to do the beer garden here [1:10:15] in Livingston so we had to get someone [1:10:18] else um you guys said that you didn't [1:10:20] authorize it authorize them or whatever [1:10:22] there was no contract but you signed um [1:10:25] point at the city manager you signed [1:10:27] their [1:10:28] beer uh permit to go to the state to ABC [1:10:33] at that time you should have said hey we [1:10:34] don't have a contract let's get a [1:10:35] contract but you never said nothing [1:10:36] neither the police chief the previous [1:10:38] police chief also signed that so the [1:10:40] city was aware knew that they were going [1:10:42] to do the the beer Booth they turned in [1:10:45] over $8,000 to the city we turned it in [1:10:48] you guys have the receipt and everything [1:10:50] they need to get their part as well so [1:10:52] the band needs to be paid [1:10:54] $1,000 uh [1:10:56] um I know that gal talked to him you [1:11:00] guys responded to him the lawyer called [1:11:01] me because he put it on social media [1:11:04] that you guys didn't want to pay and [1:11:05] that's the only time that you guys [1:11:07] responded to him or me the lawyer called [1:11:09] me right away that day when when it was [1:11:12] put on social media but I'm here not [1:11:16] to argue not to uh bring that up but the [1:11:19] other thing I want to do ask is that you [1:11:21] guys go ahead and pay them their dues [1:11:24] they they're a nonprofit who put their [1:11:26] time they brought people to to uh to [1:11:28] work they they they paid for stuff they [1:11:31] still got to pay the state taxes for the [1:11:33] sales of that as well and so they they [1:11:36] still they're still there they also pay [1:11:38] the the permit again that you signed Mr [1:11:41] city manager and um and so on so I'm [1:11:44] asking that you guys reconsider and pay [1:11:48] the [1:11:50] band They $1,000 then you go ahead and [1:11:53] the nonprofit the other amount thank you [1:11:56] is there any other citizen comments in [1:11:58] the [1:12:01] chamber [1:12:05] Roy um so just just so and I appreciate [1:12:09] the comments and I just want to be able [1:12:10] to respond obviously I'm not able to [1:12:13] share share close session information [1:12:16] but uh the only thing I can say is that [1:12:21] uh Direction was given and uh City will [1:12:25] be contacting those people for uh more [1:12:31] information okay and then later I can [1:12:34] provide uh more information if anybody [1:12:36] needs it uh and I and I do want to say [1:12:38] that that I did I did uh um always [1:12:43] respond to people not because it was on [1:12:46] social media but you and I had plenty uh [1:12:49] more than a couple of conversations [1:12:51] prior to that and uh so um [1:12:55] so it's not that I never answer calls I [1:12:58] I'm I'm always answering responding to [1:13:00] calls the most I take normally is not [1:13:04] even 24 hours sometimes when people call [1:13:07] me or reach out to me sometimes even [1:13:10] within the hour so you know I'm not sure [1:13:13] if you were referring to me or just in [1:13:16] general but you know uh when they there [1:13:20] things in place I'm not going to be [1:13:24] micromanaging City staff when they're [1:13:27] you know it is not my duty to to [1:13:31] micromanage uh City staff but just uh [1:13:35] but I understand your frustration and uh [1:13:38] but I also understand that I have to [1:13:39] follow [1:13:40] what's what uh uh the majority of the [1:13:43] council makes a decision on so just but [1:13:47] if anybody has any other questions feel [1:13:49] free to reach out everybody has my [1:13:51] number most people know where I live um [1:13:55] see me around town social media anywhere [1:13:57] I'm always I'm always very [1:13:59] reachable all thank [1:14:02] you okay um any other citizen [1:14:06] comments seeing none closing the uh [1:14:09] citizen comments at 8:09 next we have [1:14:12] announcements and reports uh so we have [1:14:15] City staff announcements and reports uh [1:14:17] Jackie benat Recreation superintendent [1:14:20] uh Christmas parade update [1:14:48] good evening everyone um I thought that [1:14:52] it would be well actually my boss [1:14:54] thought it would be a good idea idea [1:14:55] that I gave an update for the Christmas [1:14:57] parade and the chief is going to open my [1:15:01] presentation with the 12 Days of [1:15:05] Christmas December [1:15:08] 1 okay December [1:15:11] 1st um so I thought that it would be [1:15:14] kind of fun to give you guys [1:15:18] wait um a little history lesson on the [1:15:22] Christmas parade do I [1:15:28] okay so the annual Livingston lighted [1:15:31] Christmas parade started in [1:15:34] 2002 at the recommendation of council [1:15:36] member Roy [1:15:38] Soria um and has been a well received [1:15:41] event ever since so the very first theme [1:15:44] was an international Christmas for those [1:15:47] of you that may remember or may not and [1:15:50] our first Grand Marshal was Ramone [1:15:52] Martinez and he was the leader of or the [1:15:57] president of the Livingston youth [1:15:59] football so 2024 marks our 22nd annual [1:16:03] event and it will be a superhero [1:16:15] Christmas so I thought I would throw in [1:16:17] a few pictures of Christmas in the past [1:16:23] uh the [1:16:25] picture of the little ballerinas over [1:16:27] here on the bottom let's see if I [1:16:30] can know if it's [1:16:33] dead um was from 15 oh now it's moving [1:16:38] it was from 15 years [1:16:40] ago so the traditional route was Park in [1:16:43] Main [1:16:45] Street uh it was from Maine to D until [1:16:49] Co started [1:16:58] and then the co route went through the [1:17:00] neighborhoods as shown to cut down on [1:17:03] the congestion of the crowds down on [1:17:05] Main [1:17:06] Street [1:17:10] next so 2024 the lighted Christmas [1:17:14] Parade route we are going to return down [1:17:16] Main Street from Peach to D and then um [1:17:20] so we'll be staging down [1:17:23] Peach uh down [1:17:25] 7th and then backup Park if we need that [1:17:28] because our parade is quite large and [1:17:31] then of course we'll have the gift fair [1:17:33] downtown [1:17:36] next so we'd like the community to join [1:17:39] us for lots of holiday spirit and [1:17:42] memories um it will be the SE it's [1:17:44] always the second Friday of December at [1:17:46] 6:30 the gift spare starts at 5 we'll [1:17:50] have entertainment we're going to have [1:17:53] uh Christmas Carol ERS at the [1:17:55] intersection of D and Main Street so if [1:17:59] you like to sing come on down uh Chief [1:18:03] the and we'll have lots of fun singing [1:18:06] Christmas carols and then our of course [1:18:08] our cord of trees will be on display and [1:18:10] with that if you have any questions um I [1:18:13] did bring you all candy canes so you [1:18:15] would be part of the Christmas spirit [1:18:17] early and um it's going to be you've [1:18:21] probably seen this you guys can put on [1:18:23] your Superman capes [1:18:25] Superwoman capes [1:18:28] and be a part of this need [1:18:32] event [1:18:35] questions so just for um well thank you [1:18:38] for that I mean it's always great to [1:18:40] have all those activities in the winter [1:18:43] Christmas the CT of trees and all of [1:18:46] that uh for residents that that are [1:18:49] might be new to to our city for [1:18:52] residents that might never have had [1:18:55] uh or participated in in the parade [1:19:00] uh how would you sign up yeah how do [1:19:02] they sign up and who can sign up any [1:19:05] family can sign up they don't need to be [1:19:07] part of any or represent any [1:19:09] organization school and it can just be [1:19:12] we invite all the organizations and [1:19:14] schools Etc but if your family wants to [1:19:17] get together to start a tradition of [1:19:20] making a float or even having a truck [1:19:23] and being in the back of it or you have [1:19:25] an old car um we welcome everyone you [1:19:30] can sign up uh the easiest way is online [1:19:33] there is a link um on the city website [1:19:35] under Recreation and you just fill it in [1:19:38] and say what you're doing and then we'll [1:19:40] get back with you and tell you what [1:19:42] place you are in the parade or and then [1:19:44] when to sign there's no cost for this it [1:19:46] is free now we don't have great big [1:19:49] prizes that we give away you'll just get [1:19:51] a certificate or a ribbon um but you get [1:19:55] lots of bragging rights and then since [1:19:58] this is just going to be down Main [1:19:59] Street can can [1:20:01] participants participate as just a [1:20:04] walking group and dance Walk yeah as a [1:20:07] matter of fact when we had the it [1:20:09] through more of you know back in the [1:20:12] neighborhoods people would wait till [1:20:13] they got to the pink store to walk [1:20:16] because it was too far to come all the [1:20:19] way through the whole route um so yeah [1:20:26] I know but did you all know what I meant [1:20:28] when I said the pink store [1:20:31] Julio it's still a pink store to me yeah [1:20:34] it's it will always be the pink store to [1:20:36] me too all [1:20:39] right Council any questions comments [1:20:43] who's going to be [1:20:44] Santa Santa will be [1:20:49] Santa who's going to be Santa the same [1:20:53] Santa that comes every every year at the [1:20:55] end of the parade okay we're on his [1:20:58] calendar right I mean he is on the [1:21:01] calendar perfect thank [1:21:04] you councel any other [1:21:07] questions well thank you very much [1:21:11] Jackie and to all of your entire [1:21:14] Recreation Office department and uh Team [1:21:19] yeah many employees thank [1:21:22] you uh city manager announcement [1:21:26] uh just one mayor uh it looks like the [1:21:29] preliminary results related to measure L [1:21:30] are continuing to Trend right around 71 [1:21:32] or 72% I think right around 71 I really [1:21:36] want to thank the council for all the [1:21:37] work that they did in advocating uh [1:21:40] providing education materials to the [1:21:42] community and really thank the residents [1:21:44] for their efforts and making sure that item got passed uh we'll be putting [1:21:48] some communication in the near term [1:21:50] about that um so just be on the lookout [1:21:52] for that thank you mayor thank you uh [1:21:55] council members announcements and [1:21:58] reports uh Mr Wallace at this time um [1:22:03] Miss uh [1:22:06] sto yes thank you um to your question [1:22:10] the meeting G was April 2nd however [1:22:14] that item has been brought up at several [1:22:17] occasions um in involving investigations [1:22:20] in our water and just follow up on many [1:22:23] items to tonight there's a slew of [1:22:26] minutes and purposely I believe that [1:22:28] this happens so that people might forget [1:22:32] that things are said during meetings if [1:22:34] they're not following up but thank you [1:22:35] for your diligence and coming before the [1:22:38] council and and requesting that certain [1:22:41] items continue to move forward or keep [1:22:44] um bringing items up so that it doesn't [1:22:46] fall off the radar [1:22:49] um also Julio thank you so much for [1:22:52] tonight's uh comment [1:22:55] I am an advocate for the city of [1:22:57] Livingston and I do um I Am pro youth [1:23:01] Pro Elders Pro Livingston so what we can [1:23:05] do to provide events for the city of [1:23:08] Livingston of course I've been on that [1:23:11] committee since [1:23:12] 2014 [1:23:13] we've been you've been very successful [1:23:16] in coordinating a lot of events for the [1:23:19] city of Livingston so thank you so much [1:23:20] for your service to the city of [1:23:22] Livingston and providing [1:23:25] uh the environments and the [1:23:27] entertainments and the events um however [1:23:30] we don't want to throw anybody on the [1:23:31] bus we want people to still continue to [1:23:33] work on behalf of City events so that [1:23:36] they can continue to happen and we've [1:23:38] always reached out to other groups um [1:23:41] when they've requested certain things we [1:23:45] can't we at least I don't make promises [1:23:48] that they can happen but we do our best [1:23:51] to make sure that we work with um our [1:23:54] youth especially the group that uh you [1:23:57] discussed tonight so that we can keep [1:23:59] our local talents coming out and [1:24:02] performing at um our events so thank you [1:24:06] um I do have uh something for Mr [1:24:09] brazinski [1:24:11] tonight as you know I'm part of the VFW [1:24:15] our post 7792 [1:24:20] auxiliary we do have a program through [1:24:22] our VFW and it hasn't and it's been [1:24:25] promoted and it's been dis many of them [1:24:27] have been [1:24:29] displayed to date I can recall 13 [1:24:34] banners that should be in the court yard [1:24:38] Plaza across the street and along Main [1:24:40] Street however there are about eight [1:24:42] that have gone missing and I know that [1:24:44] I've had this conversation with public [1:24:46] works and with our city city manager and [1:24:48] our previous city manager of how we can [1:24:50] work better with our [1:24:54] uh veterans with this program so that we [1:24:59] um at least can find funding and a [1:25:03] procedure of how to display the banners [1:25:05] so that we can honor our currently [1:25:07] serving members in the military so [1:25:11] tonight um I do so for those of you that [1:25:15] haven't seen these before I do also have [1:25:17] tonight's presentation um [1:25:22] with uhor Master Sergeant Ramon [1:25:26] Lopez he was tragically killed last year [1:25:30] but this is an honor for his son to have [1:25:33] a [1:25:34] banner I do [1:25:37] have another military Banner that I'd [1:25:39] like to present to um Dennis binski [1:25:44] senior to his son who's currently [1:25:46] serving in the uh Marine Corps these [1:25:50] banners represent students that are from [1:25:53] living [1:25:55] that go into the military and they are [1:25:57] currently serving the purpose of this is [1:25:59] so that our community knows that we do [1:26:02] have [1:26:04] um service [1:26:06] members that we as a council pray for at [1:26:11] least we take a moment of silence for [1:26:14] the protection also our p and [1:26:16] Mia and we just celebrated our veterans [1:26:21] so these are for our currently serving [1:26:24] um Mr brazinski has a son in in the [1:26:27] Marine Corps and this Banner I'm going [1:26:29] to go ahead and present it to him so [1:26:31] that at some point if he would like to [1:26:34] hand it over to the city because I know [1:26:36] that during this time we're going to be [1:26:38] taking down the decorations that are up [1:26:40] and putting up Christmas so this is [1:26:42] going to be taken down so whatever [1:26:44] conversations you'd like to have with [1:26:45] our public works or with our city um [1:26:48] admin team to see how we can better [1:26:50] coordinate a program that I've been [1:26:53] asking for for for I don't know many years um to see how we can work [1:26:59] better with our our [1:27:02] military um post so Mr brazinski thank [1:27:06] you so much for your son's [1:27:11] [Applause] [1:27:18] service he's on [1:27:25] [Applause] [1:27:30] if there are members in the community [1:27:32] that have [1:27:34] um somebody serving and you'd like to [1:27:38] have a banner [1:27:39] displayed uh your best bet is to either [1:27:43] contact UM Dennis Wells I don't have his [1:27:47] number memorized but he does have his [1:27:49] contact information over there on sth [1:27:51] street at the new and improved VFW H [1:27:55] okay thank [1:27:59] you thank you uh mayor proam [1:28:05] Su thank you Mr Mayor I just wanted to [1:28:09] add to what Mr Lopez said regarding [1:28:11] measure [1:28:13] L uh you know election season everybody [1:28:18] has their own things agendas when [1:28:21] they're talking to public one thing I [1:28:23] can probably say say that every [1:28:24] candidate out there [1:28:27] everyone was United in supporting our [1:28:30] Public Safety our [1:28:32] services now I know that we will I just [1:28:38] we need to make sure that we keep our [1:28:41] word to the public in and using major L [1:28:46] for Public Safety a fire Services then [1:28:50] the whatever is left over for other part [1:28:52] of uh Public Safety just want to make [1:28:55] sure I want to to assure the people that [1:28:58] I still have full attention of holding [1:29:02] what I said to them we would do to make [1:29:04] sure that measure L gets used properly [1:29:08] thank [1:29:13] you thank you so uh I will hold my [1:29:17] reports until next time uh to save some [1:29:20] time because we have a lot of uh items [1:29:23] on the agenda [1:29:25] um next we have the uh consent agenda [1:29:28] items on the consent calendar are [1:29:30] considered routine and or [1:29:32] non-controversial and will be enacted by [1:29:34] one vote unless separate action is [1:29:36] requested by a member of the public the [1:29:37] city manager or city council member [1:29:40] there will be no separate discussion of [1:29:42] these items unless members of the public [1:29:44] city council or city manager request [1:29:46] that that specific items be [1:29:49] removed public comment on consent agenda [1:29:52] items should be limited to 3 minutes per [1:29:54] person regardless of the number of items [1:29:56] uh contained within the consent agenda [1:30:00] so we have items one 2 3 four five six [1:30:05] all the way up [1:30:11] to 38 in the uh consent agenda items is [1:30:16] there are there any questions on any of [1:30:19] the items uh whether it's just a [1:30:21] question or that needs to be removed [1:30:23] from the consent and discussed [1:30:24] separately Council Mr [1:30:27] Wallace misso I have a question on item [1:30:30] number [1:30:33] 32 [1:30:35] um question you want to take it out or [1:30:38] just just a question be and keep it keep [1:30:41] it in on [1:30:43] consent I just want to know I because it [1:30:47] does say that there's going to be a [1:30:49] pricing option and since there's no [1:30:52] discussion how are we going to direct [1:30:55] the city manager to choose which way to [1:30:59] um have this [1:31:01] agreement I do well well well I do [1:31:04] believe the recommendation was to do the [1:31:07] three years [1:31:08] from uh from the office but from the [1:31:11] city manager's office but go ahead the [1:31:14] resolution does include the retainer [1:31:17] option for the city of Livingston [1:31:20] instead of the pr Grant basis council [1:31:22] member [1:31:24] the retainer fee will be covered through [1:31:26] the general fund unencumbered funds for [1:31:28] 57,000 annually that's correct thank you [1:31:36] sure Council [1:31:39] uh uh mayor P now if there are no [1:31:43] questions or any comments I'd like to [1:31:44] make the motion to approve the conent [1:31:46] calendar [1:31:54] oh [1:31:57] yeah I'll [1:32:17] second all right so before we move [1:32:19] forward I do want to just go out for [1:32:20] public comment is there any uh questions [1:32:23] is there any uh citizen comment on any [1:32:26] of the items on the agenda on I'm sorry [1:32:28] on the consent agenda anyone on the [1:32:34] phone uh hearing none uh anyone in the [1:32:38] chamber seeing none bringing it back at [1:32:40] 8:28 uh so we do have a motion on the [1:32:43] floor uh a motion [1:32:45] by by mayor prend Samra and the second [1:32:48] by council member Soo roll call please [1:32:51] roll call council member w [1:32:54] yes council member Soto yes mayor PM Sam [1:32:58] yes mayor modan yes motion approved by [1:33:01] vot of four Z thank you uh next we have [1:33:06] a public hearing item number 39 [1:33:08] resolution to confirm the close out of [1:33:10] the city's Community Development block [1:33:13] grants uh cdbg 20 cdbg [1:33:17] uh- CV [1:33:21] 2-3-6 and 20- cdbg D CV2 D3 [1:33:28] d0000034 staff recommendation approved [1:33:33] resolution I believe we have someone on [1:33:36] line or happy to present this item um do [1:33:40] we have a self-help representative [1:33:49] online so happy if you could just [1:33:51] present the staff report that'd be great [1:33:55] EX [1:34:59] good evening mayor staff members of the [1:35:01] audience so this item is a resolution [1:35:03] allowing the allowing the closeout to [1:35:05] process of the city's cdbg CV 20 and [1:35:10] cdbg CV 2-3 [1:35:13] 00006 and 20 cdbg CV 2-3 [1:35:17] 0034 so these are two separate grants [1:35:20] that the city had got when Co was was [1:35:23] around and this was to allow the [1:35:25] citizens that were behind on their [1:35:28] utility bills mortgages [1:35:30] um any kind of Bill that they were [1:35:32] behind on to get assistance from the [1:35:34] city so now we're closing these out the [1:35:37] first one which is the 20 cdb GCV 2-3 [1:35:42] 0034 as you guys read through the [1:35:44] application I mean as the staff report [1:35:46] we had around 81 applicants received 64 [1:35:50] households assisted and then 17 were [1:35:52] denied [1:35:54] rental assistance provided for one [1:35:56] mortgage assistance for nine and utility [1:35:59] assistance for 91 so majority of the [1:36:01] people that applied for this were for [1:36:03] the utility [1:36:05] bills applicants were denied typically [1:36:08] due to the applicant not providing [1:36:09] necessary documentation rental mortgage [1:36:12] utilities um will not add up to the [1:36:14] application complete due to some [1:36:15] households receiving more than one form [1:36:18] of assistance so if you received one [1:36:19] form of assistance then you can't apply [1:36:22] for it again so that's what lot of these [1:36:23] were [1:36:25] for as we kind of went through the whole [1:36:28] process um we are dis encumbering around [1:36:31] $99 of this grant so we used basically [1:36:34] the total $ 114,000 that we received on [1:36:38] the second Grant which is the 20 cdbg CV [1:36:42] 2-36 this one was specifically for the [1:36:45] business assistance which was converted [1:36:47] to the substance program so we weren't [1:36:49] getting enough of the business [1:36:51] assistance um for the businesses to come [1:36:53] and kind of get the assist they [1:36:55] needed so what self help did with the [1:36:58] city's with the city's help is we went [1:37:01] back to cdbg and try to reallocate these [1:37:04] funds for substance payments program a [1:37:08] lot of the people that applied for the [1:37:10] second phase of this when we had this [1:37:11] money did already got the assistance for [1:37:14] the first one so that's why we got a lot [1:37:16] of denials on this second [1:37:18] side applications received 34 assisted [1:37:22] 18 and 16 were [1:37:25] denied um so on this grant since we did [1:37:28] get over 200,000 we are estimating [1:37:31] around 108 being disencumbered and given [1:37:34] back to the state and and a lot of that [1:37:36] was just cuz a lot of people already got [1:37:38] the assistance they needed and they [1:37:40] couldn't basically apply again to get [1:37:43] the to get the assistance so right now [1:37:45] um there's no fiscal impact to the city [1:37:48] since it is a grant so there's nothing [1:37:49] that we got to give back to um the state [1:37:52] so right now we're we're recommending an [1:37:55] approval for this close out of these [1:37:59] grants Mr Mayor if I could also add one [1:38:01] thing as part of the closeout [1:38:02] requirements the council is required to [1:38:05] have a public hearing that's why it's [1:38:06] listed under the public hearing item so [1:38:09] as part of um the process we would ask [1:38:11] that the mayor open the public hearing [1:38:14] ask for public comment um close the [1:38:16] public hearing um before adopting the uh [1:38:19] resolution as requested by staff [1:38:23] all right so at this time at 8:33 I'm [1:38:26] going to open the uh public hearing is [1:38:28] there anyone in in the on the phone that [1:38:30] has any questions in regards to this [1:38:35] item hearing none coming back to the [1:38:37] chamber at 8:33 anyone in the chamber [1:38:40] with questions in regards to this [1:38:44] item seeing none bringing it back to the [1:38:46] Das at 8:34 closing the [1:38:50] uh public hearing 8:34 Council any [1:38:55] questions [1:39:00] motions a motion to approve the [1:39:03] resolution close out of the process by C [1:39:06] cdbg [1:39:07] CV2 cdbg CV and the rest of it the [1:39:14] grants okay so I just got a little cough [1:39:18] so we have a motion on the floor uh by [1:39:20] mayor PM Samra second by council member [1:39:23] Wallace roll call please roll call [1:39:26] council member Wallace yes council [1:39:29] member Soto yes Mayor portm Sam yesan [1:39:33] yes motion passes by a vote of 4 Z thank [1:39:37] you next we have discussion and [1:39:38] potential action items item number 40 [1:39:40] consideration of a resolution to appoint [1:39:43] just Neil sing to the Planning [1:39:45] Commission as a regular member of the [1:39:47] Planning Commission and resolution to [1:39:49] appoint Diego Castillo to the Planning [1:39:51] Commission as an alternate member staff [1:39:53] recommendation approved [1:39:55] resolutions [1:40:01] Miguel good evening mayor members of the [1:40:03] council members of the audience Miguel [1:40:06] galz contract city planner just to be a [1:40:10] little quick history on June 18th 2024 [1:40:13] the city council appointed planning [1:40:15] commissioner Robert Wallace to the livon [1:40:17] city council congratulations Mr Wallace [1:40:20] on the same day Mr Wallace verbally [1:40:22] resigned from the Planning Commission [1:40:24] creating a vacancy on the Livingston [1:40:26] Planning Commission Mr Wallace [1:40:28] subsequently submitted a letter of [1:40:29] resignation on June 19 [1:40:32] 2024 Mr Wallace was serving a term of a [1:40:36] regular Planning Commission member with [1:40:38] his term set to expire at the end of [1:40:40] this year December 31st [1:40:42] 2024 with a vacancy on the roster of the [1:40:44] Planning Commission staff recommends [1:40:46] that an alternate planning commissioner [1:40:47] be appointed to the Planning Commission [1:40:50] as a regular member the appointment to [1:40:53] fill this vacancy will have a new [1:40:54] four-year term starting on January 1st [1:40:57] 2025 and ending on December 31st [1:41:01] 2028 chronologically based on when the [1:41:04] applications were submitted uh Planning [1:41:06] Commission alternate Jess Neil is next [1:41:09] and in line to serve as a regular member [1:41:11] of the Planning Commission if appointed [1:41:14] a vacancy for an alternate member of the [1:41:17] Planning Commission will also be created [1:41:19] and should be [1:41:20] filled on May 30th 2024 Mr Diego [1:41:24] Castillo applied to serve on the lyston [1:41:26] Planning Commission no other [1:41:29] applications to serve on the Planning [1:41:30] Commission have been received [1:41:32] today staff recommends that the council [1:41:35] also adopt the resolution to approve [1:41:37] Diego Castillo to the Planning [1:41:38] Commission as an alternate member with a [1:41:41] trim expiring on December 31st 20 27 in [1:41:45] summary staff recommends that the [1:41:47] council consider two resolutions the [1:41:50] first to appoint Jess nil sing to the [1:41:52] planning commissioner [1:41:53] as a regular member with his term ending [1:41:55] on December 31st [1:41:59] 2028 and secondly to appoint Mr Deo [1:42:01] Castillo to the Planning Commission as [1:42:03] an alternate member with a term expiring [1:42:05] on December 31st [1:42:07] 2027 that concludes my report and [1:42:09] staff's available for [1:42:12] questions Council are there any [1:42:16] questions when did do you recall when [1:42:19] the council approved [1:42:21] the uh [1:42:23] allowing outside of the city boundaries [1:42:27] to be part of the planning [1:42:29] um I I don't recall the date I know it's [1:42:32] in our ordinance on our Municipal Code [1:42:35] that allows Mr Diego casil lives outside [1:42:38] of the city limits but he is within the [1:42:40] uh Livingston School District boundary [1:42:43] and there's provisions of the city [1:42:44] ordinance that allows a member to be [1:42:46] appointed that if they're not in the [1:42:48] city as long as they're inside the the [1:42:50] School attendance boundary do I know the [1:42:52] date I I don't know off hand I'm [1:42:54] sorry I want to say it's racing maybe [1:42:57] like about two or three years ago but [1:42:59] I'd have to confirm now is it more than [1:43:01] that I'm sorry I don't [1:43:13] know at this time I will go out for [1:43:16] public comment is there any uh citizen [1:43:18] comments on the phone in regards to this [1:43:20] item anyone on the phone [1:43:25] hearing none bringing it back to the [1:43:26] chamber any citizen comments in the [1:43:29] chamber seeing none uh bringing it back [1:43:31] to ad at [1:43:34] 838 Mr Mayor I'd like [1:43:38] to Mr sing [1:43:41] and positions were [1:43:45] mentioned I will second [1:43:47] that uh we have a motion on the floor by [1:43:50] Mr Wallace and mayor PM Samra uh roll [1:43:53] call please roll call council member [1:43:56] Wallace yes council member [1:44:05] SoDo at this moment [1:44:08] no mayor PM Samra yes mayor Moran yes [1:44:13] motion passes by a vote of 31 next we [1:44:16] have item [1:44:18] 41 consideration of a resolution [1:44:21] authorizing repayment of the state [1:44:23] California Senate Bill sb2 planning [1:44:26] grants program contract number 1 19- [1:44:31] pgp1 [1:44:33] 13591 Grant back to the state of [1:44:35] California Department of Housing and [1:44:37] Community Development staff [1:44:39] recommendation approved [1:44:45] resolution Miguel GA once again um here [1:44:48] to present this item a little background [1:44:51] uh on March 28 [1:44:53] 2019 State of California Department of [1:44:56] Housing and Community Development [1:44:57] otherwise known as hcd issued a notice [1:45:00] of funding availability for Senate Bill [1:45:02] s SP2 planning grants program it's it [1:45:05] was a non-competitive planning grant [1:45:08] program the program provides a one-time [1:45:11] funding for technical assistance to [1:45:12] local governments to help streamline [1:45:14] housing approvals and to accelerate [1:45:16] housing [1:45:17] production on November 5th 2019 the city [1:45:21] council authorized application [1:45:23] to this program in the amount of [1:45:27] $160,000 on March 11th [1:45:31] 2020 the grant contract was executed a [1:45:35] total of $160,000 was awarded per hcd [1:45:39] contract number 19- [1:45:42] pgp 1359 with the contract expiration [1:45:45] date of December [1:45:47] 31st [1:45:49] 2022 on March 21st 2021 [1:45:53] the city executed a mou [1:45:57] with J Livingston um ranches limited [1:46:02] liability Corporation to develop a [1:46:05] residential mixed use community on [1:46:07] approximately 35 Acre infill Site [1:46:10] through the processing of a specific [1:46:11] plan a general plan Amendment and [1:46:14] Associated environmental [1:46:16] assessment um however it was discovered [1:46:18] that the mou did not meet the state [1:46:20] procurement [1:46:21] requirements moreover the grant award [1:46:23] only funded a portion of the overall [1:46:26] project the overall entitlement process [1:46:28] would require additional [1:46:30] funding in November [1:46:32] 2022 excuse me November uh [1:46:35] 2021 the initial draft Livingston [1:46:38] commment specific plan was submitted to [1:46:39] the city to commence the enement process [1:46:42] March of the following year uh City [1:46:45] provided comments to the applicant and [1:46:48] those were relay um both to the [1:46:50] applicant and the applicant's agent [1:46:53] um during this time the applicant [1:46:55] requested reimbursement for the [1:46:56] applicants cost that have been incurred [1:46:58] to prepare the [1:47:00] plan subsequently the city received two [1:47:03] reimbursements from AC CD totaling [1:47:06] $154,700 with 67 cents which were U [1:47:10] relate to the applicant for their [1:47:12] cost unfortunately with the retirement [1:47:15] of the applicant's project manager no [1:47:17] further progress has been made on the [1:47:18] specific plan to date at this point the [1:47:21] city is out of compliance [1:47:23] with both the timing and procurement [1:47:25] requirements of hd's planning grant [1:47:27] program the state is now requesting that [1:47:30] the grant dispersements totally [1:47:35] $4,795 plus ACR interest be repay to the [1:47:40] state by the end of this [1:47:42] month in conclusion staff recommends [1:47:44] that the city council adopt a resolution [1:47:45] ordering two actions number one ordering [1:47:49] the city [1:47:50] manager um who who is authorized and [1:47:53] directed to reimburse the state of [1:47:55] California Department Housing and [1:47:56] Community Development uh the amount of [1:47:59] 154,50 n67 cents plus cost [1:48:02] reimbursements for [1:48:04] um uh any interest that's applicable for [1:48:08] the preparation of the draft [1:48:11] uh specific plan and two approve a [1:48:14] supplemental appropriation from the [1:48:16] general fund Reserve to cover this [1:48:18] cost uh that concludes my presentation [1:48:21] staffs available for comments or [1:48:24] questions Council are there any comments [1:48:27] questions at this [1:48:29] time before I go out for public [1:48:31] [Music] [1:48:36] comment so I I I do have a couple of [1:48:39] questions um Miguel [1:48:43] so well first of all and I think you [1:48:45] already explained it but just [1:48:47] for [1:48:51] clarification in the reports says that [1:48:54] uh this whole [1:48:57] work was there was a number used 300 [1:49:00] like around 360,000 or so I I I mean [1:49:03] without have 350,000 360,000 [1:49:09] but 365 somewhere around there uh but [1:49:12] only 160 was requested even though we [1:49:15] knew that we were we were about 200,000 [1:49:18] and a few thousand other thousand [1:49:20] dollars short [1:49:23] but that it was also said that we will [1:49:27] figure it out and in the future we'll [1:49:29] look for additional grants right um and [1:49:33] then also part of the requirements for [1:49:36] this grant was that [1:49:41] um any third-party contracts would [1:49:46] be or or subc subcontracts would be [1:49:50] through the process or or of an RFP [1:49:53] process which was not done correct yes [1:49:56] oh that's correct and so this [1:49:59] subcontractor that did all this work for [1:50:02] which the [1:50:04] $160,000 was [1:50:06] used was not a subcontract through the [1:50:09] city but rather [1:50:12] through uh the applicant yes the the [1:50:15] applicant which [1:50:16] is yeah but the uh actual name is Gall [1:50:21] Gallow right Gallow [1:50:24] Ranch uh the owner of the of that [1:50:26] property and so what we did or what the [1:50:29] city did at that time was the city [1:50:32] applied for a [1:50:34] grant to give it to a private [1:50:36] developer for those costs and then [1:50:40] instead of having the [1:50:42] city go through an RFP process to [1:50:45] subcontract the the service [1:50:48] provider that was a service provider [1:50:50] contracted by Gallow Ranch not the city [1:50:55] which already that broke the agreement [1:50:57] with the with the state in the first [1:50:59] place that's correct the the contract [1:51:02] was not properly set up um to meet the [1:51:05] state requirements so yes you're correct [1:51:08] and then the initial agreement was that [1:51:10] all of that work was going to be [1:51:12] completed by [1:51:14] 20 20 initially it would be completed by [1:51:18] December 31st 2022 there was a one-year [1:51:20] extension but nothing has been completed [1:51:23] today because uh also on the report it's [1:51:27] it it's it's included that some some [1:51:30] questions were still asked back to to [1:51:33] Gallow but Gallow never responded to the [1:51:35] city so automatically that worked that's the last that's where it stands [1:51:42] right now right yes correct staff [1:51:44] provided comments on the specific plan [1:51:47] um and those comments have not been [1:51:48] addressed by the applicant to date and [1:51:51] so now because the ground was [1:51:54] applied by the city so now the city is [1:51:56] responsible for those 160 thou or almost [1:51:59] $160,000 even though that that money was [1:52:02] already refunded to Gallow for the the [1:52:06] work that they paid to their [1:52:08] subcontractor correct correct [1:52:18] okay is there any documentation that [1:52:22] says [1:52:23] where the other extra [1:52:25] $200,000 were hoping to come from to [1:52:29] cover the whole cost that was figure out [1:52:30] at that time and then my other question [1:52:32] is going to be based on your [1:52:35] professional experience were that amount [1:52:38] of $360,000 would would that have been [1:52:41] enough to cover all of the work that [1:52:43] needed to be done that was said it was [1:52:46] going to be [1:52:47] done um responding to your first [1:52:50] question in the mlu between the city and [1:52:53] Joseph V gallow the mou commented that [1:52:56] the city would pursue additional funding [1:52:58] to um bring to bar to develop the [1:53:02] specific plan so there was an [1:53:04] understanding the city would pursue [1:53:05] funding there's no guarantee that it [1:53:07] would be successful respond to your [1:53:10] second question yes there was a budget [1:53:12] of I think [1:53:13] $365,000 to do the whole work in my [1:53:16] professional opinion in today's market [1:53:18] that is wul uh [1:53:20] under um [1:53:23] and this is just to do the entitlement [1:53:25] work you know beyond that you actually [1:53:27] have to do engineering work to prepare [1:53:29] Improvement plans and to do the actual [1:53:31] construction and I suspect the applant [1:53:33] would be looking for the city to pursue [1:53:35] additional funding sources for that um [1:53:38] so yes at at this point U the specific [1:53:43] plan remains incomplete funds have been [1:53:45] spent and the state is now requesting [1:53:48] their funding back because we were not [1:53:50] able to meet the terms of our contract [1:53:52] agreement [1:53:53] and then since engineering and you're [1:53:55] here and then I don't know cuz you know [1:53:56] I don't know how much of that [1:53:57] information you're going to have for [1:53:59] this next question do we have a uh a [1:54:02] figure more or less probably it's not [1:54:04] specific but more or less how much was [1:54:07] that spent on our on our end as a City [1:54:10] Planning and Engineering on this project [1:54:12] if [1:54:13] any um I don't have an exact figure a [1:54:16] ballpark figure you know one is the cost [1:54:20] that the applicant incurred for hiring [1:54:22] their consultant and we reimburse [1:54:24] $150,000 I don't know there was [1:54:26] additional cost there and there was cost [1:54:28] associated with City staff review that's [1:54:30] the engineering review planning review [1:54:32] and I would say maybe between $4 and [1:54:36] $50,000 for the city's cost to review [1:54:39] that the [1:54:41] document so once depending on what the [1:54:46] this Council decides to do so it be [1:54:48] roughly if we end up paying it back and [1:54:50] we decide to pay it back to the state [1:54:52] would be roughly about 160 plus 40 [1:54:54] $50,000 roughly about $200 [1:54:57] $210,000 cost that the city would have [1:55:00] incurred for [1:55:04] this project yeah the city would only be [1:55:07] responsible for reimbursing the state [1:55:08] for the cost that the the state just um [1:55:12] reimburse the the applicant the cost [1:55:15] incurred by City staff or City [1:55:17] Contractor staff um that would not be [1:55:19] reimbursed by the state that's something [1:55:21] that would um [1:55:24] would be I should say invite the city if [1:55:26] you will yeah no I understand that I [1:55:29] just wanted it to kind of have like a [1:55:30] real you know ballpark idea what the [1:55:34] whole item what going to cause the city [1:55:37] I do have another question but I I have [1:55:39] to look for the information and because [1:55:41] in thatou it also includes language that [1:55:45] says that uh that the city would be [1:55:48] covering all the costs for any anything [1:55:50] being done on our end and I understand [1:55:52] that that was already included but I'm [1:55:54] not sure if that was a good thing to [1:55:55] have in there because we're we're we're [1:55:57] saying we're just giving away money to a private developer for from the [1:56:02] residents to somebody else that they're [1:56:04] going to you know but anyways uh councel [1:56:09] any questions so at this time I'm going [1:56:11] to go out for public comment is there [1:56:13] any uh citizen comments on the phone in [1:56:15] regards to this [1:56:17] item 851 here and now coming back to the [1:56:21] chamber any citizen comments in the [1:56:27] chamber if you can please stay your name [1:56:29] for the [1:56:31] record je uh just based on conversation [1:56:34] I was had right now in reading of the [1:56:35] staff report seems very trying to think [1:56:38] of a nice way to say it illogical to [1:56:41] have requested $200,000 less and [1:56:44] obviously now we have to pay out of fund [1:56:46] is [1:56:47] there it seems like we kind of just [1:56:49] threw money away here and I don't know [1:56:51] if any of you were on Council when this [1:56:53] was voted through obviously uh Mr Lopez [1:56:55] I know you weren't the city manager at [1:56:56] the time either but is there no le uh [1:56:59] maybe Mr to question to you is there no [1:57:01] legal safeguard for that like in the [1:57:05] sense of going through with the project [1:57:07] approving it but not actually [1:57:09] identifying any funding sources for [1:57:13] it what I'll say is I haven't gone [1:57:15] through theou so as of right now I don't [1:57:18] know if there could potentially be a [1:57:20] claim asserted by the city [1:57:22] uh against the applicant uh related to [1:57:25] the loss [1:57:27] incurred uh but I have reviewed the [1:57:30] grant portion and and the request from [1:57:34] hcd and um unfortunately based on the [1:57:38] grant [1:57:39] terms uh there's really not much the [1:57:41] city can do with regard to repayment of [1:57:44] that of those funds okay all right thank [1:57:50] you any comments in the chamber in [1:57:53] regards to this [1:57:56] item see now bringing it back to the Das [1:57:59] at [1:58:02] 853 Council any [1:58:09] questions I just think it's really [1:58:12] unfortunate that this item was brought [1:58:15] to council and I was on this council at [1:58:17] the time that this was approved um when [1:58:21] you paint a pretty picture from some [1:58:23] projects that come into the City and how [1:58:25] it would benefit the city as a whole um [1:58:28] and not [1:58:31] truly getting all the information up [1:58:34] front on how that how the funds would be [1:58:39] generated it's it's quite [1:58:42] deceiving so again we've we've heard [1:58:45] many stories and I think U May Moran [1:58:49] has [1:58:51] without saying it this was uh [1:58:54] quite [1:58:56] deceiving on how the the [1:58:59] funds were supposed to be so again the [1:59:02] language that's put into some of Theseus [1:59:05] should a Coulda would a goes in there [1:59:09] unless you really nail it down to will [1:59:12] happen it may not so seeing that some of [1:59:16] the funds [1:59:18] were for lack of a better [1:59:20] term just given a way it's it's a [1:59:26] shame that a city manager would [1:59:31] have put some things forward this way [1:59:35] and it has continued in some other [1:59:37] aspects through uh the grant process [1:59:40] where funds may look like they are [1:59:44] available and that we would try our [1:59:46] hardest but again city of Livingston [1:59:48] didn't didn't have the per the expertise [1:59:51] of a grant writer [1:59:52] but for someone to make promises that [1:59:54] they could find sources where this money [1:59:58] would come [1:59:59] from we're at a [2:00:02] loss and it's unfortunate for the city [2:00:05] of [2:00:06] Livingston and I did vote Yes on this [2:00:09] project because it was at the [2:00:11] time the information that we were [2:00:13] provided with not knowing that it would [2:00:17] come to this in the end and so if you [2:00:21] look at the whole [2:00:22] picture and put things together you may [2:00:27] realize some things [2:00:29] are not what they're meant to [2:00:32] be and we're paying for [2:00:41] it councel any other questions [2:00:46] comments [2:00:49] motions at this time I don't think we [2:00:52] have a whole lot of choices soit the [2:00:54] motion to adopt the resolution [2:00:57] authorizing repayment to the state of [2:00:59] California Senate Bill sb2 planning [2:01:01] Grant programs contract number 19 pgp [2:01:06] 13591 uh Grant back to State of [2:01:08] California Department Housing and [2:01:10] Community [2:01:12] Development is there a [2:01:14] second a motion on the floor is there a [2:01:19] second I'll second it we really don't [2:01:21] have a [2:01:24] choice so we have a motion on the floor [2:01:27] by mayor proam second by council member [2:01:30] Soto roll call please roll call council [2:01:33] member Wallace yes council member Soto [2:01:36] yes mayor PM Sam yes mayor modan yes [2:01:43] motion passes by a vote of 4 [2:01:46] z um actually just one last question I [2:01:49] mean I I I know it's on the report but [2:01:51] probably for people that didn't read the [2:01:53] 550 pages in this report uh where is [2:01:56] this money coming [2:01:58] from uh P general fund reserves [2:02:01] mayor like I said I know that but you [2:02:04] know just so we all know all right thank [2:02:07] you so next we have [2:02:12] um item [2:02:14] 44 um discussion and Direction regarding [2:02:18] recognition of Lupe and Aurora Garcia I [2:02:20] know that uh this this item was [2:02:22] requested by uh council member uh so um [2:02:27] Jason rod and uh I did ask him if he had [2:02:31] to leave right after our close session [2:02:33] because he wasn't feeling too well I [2:02:35] hope he's feeling better um [2:02:38] but I don't know if anybody has any [2:02:41] information in regards [2:02:42] to the discussion in Direction moving [2:02:45] forward I know that that the majority of [2:02:47] the council was in favor [2:02:48] of something but what does something [2:02:52] is as far [2:02:56] as I don't [2:02:58] know uh go ahead uh thank you mayor uh [2:03:02] this was something that council member [2:03:03] Roth had asked for I went through my [2:03:05] text messages I know that council member [2:03:07] Roth has met with the family and he has [2:03:10] uh provided a narrative that talks about [2:03:13] the family the husband and the wife and [2:03:16] then he requested the family requested [2:03:18] that a picture be included on the plaque [2:03:20] that's all the information that I know I [2:03:22] don't know the location I don't know any [2:03:24] of those other details but that is what [2:03:26] I have in a text message from uh [2:03:28] September from council member Roth [2:03:30] mayor Mr Mayor yes go ahead uh I know [2:03:35] this is Mr uh R's uh project along with [2:03:40] you have we decided where to put the [2:03:42] plaque or if that we're going to do the [2:03:44] plaque I mean I wish Mr wat was here [2:03:46] unfortunately he's May Mr chavaria is [2:03:50] coming he must know something [2:03:55] Anthony yeah good evening Council [2:03:58] Anthony Chia Public Works um there was a [2:04:01] location [2:04:02] identified uh at Memorial Park uh next [2:04:05] to the between the uh uh the stage at [2:04:09] Memorial Park and the Main Street [2:04:11] sidewalk [2:04:13] um a plaque was identified with a [2:04:16] picture uh and uh as well as a a tree uh [2:04:21] to Memorial oriz uh the uh the area a [2:04:25] tree would be planted um The Next Step [2:04:28] would be to one purchase a tree and uh [2:04:32] set a a planning um I don't know Mr [2:04:36] Roth and uh wants to have a [2:04:40] presentation um for the timing of [2:04:43] this that might want to discuss that as [2:04:46] well you know I would recommend a spring [2:04:49] type of uh presentation for weather's a [2:04:52] little bit better trees are [2:04:57] blooming okay uh I think it's it is a [2:05:01] good idea Mr Garcia we all know uh lupy [2:05:04] and everybody knows knows them and I [2:05:07] think it is a fitting tribute to our [2:05:10] former [2:05:12] mayor and his family of course [2:05:22] Council any other [2:05:26] questions [2:05:28] so the direction what I'm hearing is [2:05:32] that would be to yes go ahead and move [2:05:35] forward with that uh but do do we know [2:05:38] like so you mentioned that he kind of [2:05:41] looked at a plaque he [2:05:44] um yeah Tony was working on it and I [2:05:47] know that they've identified a um a [2:05:50] plaque with the with the picture that [2:05:52] could be uh um encased in concrete and [2:05:55] uh um formed on the uh the ground in [2:05:58] front of the tree um would plant a tree [2:06:01] in that area as well there's not a tree [2:06:03] existing in that area um so it's a good [2:06:07] location so identified pretty much the [2:06:10] uh the plaque and the uh the area where [2:06:12] it would be planted but the next step [2:06:15] would be timing when uh we want to uh [2:06:18] move forward with this okay uh Mr Mr [2:06:21] Lopez uh mayor and Council if uh the [2:06:24] council's okay with the preliminary [2:06:26] concept what we can do is uh get a [2:06:28] mockup of what the plaque would look [2:06:31] like get an example of the tree the [2:06:34] location and mock it up and then bring [2:06:35] it forward to council to get the final [2:06:37] approval from the council if the council [2:06:38] directs that [2:06:41] mayor that's [2:06:43] um that's that's what I was thinking and [2:06:46] then you know mentioning that something [2:06:49] like this would probably be WEA [2:06:52] when weather will be be best or better [2:06:55] you know around April or so and then [2:06:56] that gives us a little time so I'm I'm okay with [2:06:59] that uh [2:07:03] Council I'm okay with that all [2:07:07] right okay there you go all right so [2:07:11] with for the next two items we're going [2:07:13] to uh Mr Samra has requested to yes I [2:07:18] just once again I want to state that a a conflict one is a distance to my house [2:07:25] and the other is I do work for mcoa just [2:07:28] want to make sure everything's up and up [2:07:30] thank you very much Mr Mayor and I'll [2:07:33] have a good meeting rest of it [2:08:17] next we have item number 42 discussion [2:08:20] and direction regarding the uh [2:08:22] DW srf uh 27 million funding agreement [2:08:27] for emerging contaminants uh Mr uh [2:08:31] chavaria chavaria good evening Council [2:08:34] me [2:08:34] again this is a discussion in Direction [2:08:37] item you have before you staff is [2:08:40] requesting that the mayor and Council [2:08:41] provide direction to staff regarding the [2:08:43] dwsrf funding [2:08:45] opportunity I just summarize this in a [2:08:48] PowerPoint so it's a little easier to [2:08:49] follow [2:09:02] little background of the project in [2:09:05] 2018 uh the city applied for State srf [2:09:08] funding for implementing TCP projects [2:09:11] and Wells 18 and 19 in the amount of 42 [2:09:15] million the state's recent decis [2:09:17] decision was to reduce the funding [2:09:19] amount from 42 million to 27 million by [2:09:22] removing the funding for new wells 18 [2:09:23] and [2:09:24] 19 which was shared at the September 3rd [2:09:27] council [2:09:28] meeting on September 3rd 2024 the [2:09:32] council approved water Enterprise funds [2:09:34] state funds and arper funds to be used [2:09:36] for installing an RC treatment facility [2:09:38] at well 8A and constructing the new well [2:09:41] 18 improvements to augment the city's [2:09:43] water [2:09:47] supply better [2:10:09] on October 30th 2024 the the state water [2:10:12] board communicated the [2:10:14] following available funds both amount [2:10:17] funding and sources have changed funding [2:10:20] for construction of the AR Keelan [2:10:22] Park centralized treatment facility and [2:10:25] well number eight centralized treatment [2:10:27] facility can be funded right now through [2:10:30] dwsrf emerging contaminant [2:10:33] funding they also shared any potential [2:10:35] funding for the construction of Wells [2:10:37] number 18 and 19 would need to be [2:10:40] provided through General drinking water [2:10:42] funding which is overcommitted for this [2:10:44] fiscal [2:10:45] year there is currently 208 million of [2:10:48] EC emerging contaminant funding [2:10:50] available [2:10:52] and there's over 725 million requested [2:10:55] in current funding [2:10:56] applications some of these applications [2:10:58] are still incomplete and are processing [2:11:01] applications on a Readiness to proceed [2:11:04] basis uh just to ref familiarize uh [2:11:07] Council on the public again the [2:11:09] centralized treatment facility at Aran [2:11:12] will consist of a new GAC vessels to [2:11:16] remove the [2:11:18] TCP a booster Pump Station [2:11:22] and a 1.5 uh million gallon partially [2:11:26] buried storage tank as well at uh at [2:11:31] well number eight that current site [2:11:34] would be [2:11:35] expanded um adding more uh trains more [2:11:39] GAC vessels there as well as U building [2:11:43] a uh um a booster Pump Station as well [2:11:47] and a 1 million gallon storage tank [2:11:49] would be built there [2:11:57] possible actions as the council may [2:11:59] take number one accept the state's [2:12:01] reduced emergent contaminant funding [2:12:03] agreement of 27 million to complete the [2:12:06] two centralized TCP treatment facilities [2:12:08] and direct staff to submit a the wsrf [2:12:11] funding applications for well [2:12:14] 19 two direct staff to pause acceptance [2:12:17] of the 27 million funding agreement [2:12:18] until lobbing efforts have been [2:12:20] completed [2:12:22] uh there's currently 208 million of EC [2:12:24] funding available and over 725 million [2:12:26] requested in current funding [2:12:29] applications delaying acceptance poses [2:12:31] the risk of missing out on the current [2:12:33] funding opportunity which could lead to [2:12:35] delays in Project timelines and [2:12:36] potential cost [2:12:38] increases uh number three other Council [2:12:43] direction that concludes this power [2:12:46] point [2:12:53] uh thank you Anthony great presentation [2:12:55] um I wanted to provide a little bit more [2:12:57] information on this as well um knowing [2:13:00] that this was coming there was an [2:13:02] attachment in the staff report that [2:13:04] included the update I believe it was [2:13:05] from September we had a feeling that the [2:13:08] state was going in this direction [2:13:11] luckily because of the information that [2:13:13] the council had received the council did [2:13:15] move forward on allocating funding for [2:13:17] well 18 for the city of Livingston using [2:13:20] its own funding uh so really we're [2:13:23] talking about well 19 and foregoing that [2:13:25] with this application with that being [2:13:28] said I really want to thank uh the [2:13:29] members of the council particularly [2:13:31] mayor Moran for coordinating discussions [2:13:34] with uh assembly member soria's office [2:13:38] um given the information now that's been [2:13:40] delivered by the state it does appear [2:13:42] that they are sure of funding and so I [2:13:45] believe if the council decides to uh [2:13:48] accept the 27 million the work will [2:13:51] continue on with esmeel D's office and [2:13:54] seeing uh what she could do to Lobby on [2:13:57] behalf of the city of Livingston to make [2:13:59] sure that the city does receive the [2:14:00] funding for well 19 so even if the [2:14:03] council decides to accept the $27 [2:14:06] million um the efforts will continue to [2:14:08] move forward with uh mayor Moran to make [2:14:11] sure that the city is a is in a position [2:14:14] to Lobby our Representatives ensure that [2:14:16] we have every opportunity to receive [2:14:18] that funding so that's really what we're [2:14:19] talking about here given the statements [2:14:21] from the state it does appear that there [2:14:23] are a number of other cities that are [2:14:25] requesting this funding as well um so [2:14:28] you know on one hand we can continue [2:14:29] those off uh those lobbying efforts and [2:14:33] wait but then that the risk that the [2:14:35] council uh has is that the state will [2:14:37] turn around and give that 27 million to [2:14:39] another agency so that's really what [2:14:41] we're talking about here either way the [2:14:42] city will continue lobbying for those [2:14:44] efforts to make sure that uh the city of [2:14:46] Livingston does have funding for well 19 [2:14:48] thank you mayor [2:14:51] thank you uh thank you Mr Lopez thank [2:14:53] you Anthony um [2:14:56] so uh Council any questions [2:15:00] comments personally I think this is you [2:15:03] know [2:15:06] um we already have 27 million that we [2:15:11] could [2:15:12] potentially get for the city and I think [2:15:15] it would be a good idea to just uh move [2:15:16] forward work with with this amount you [2:15:19] know uh and then continue [2:15:22] working uh for the other1 15 [2:15:26] million um [2:15:29] and and then again not knowing even even [2:15:32] right now not knowing that once we say [2:15:35] okay hopefully other cities I'm sure [2:15:37] other cities are in the same situation [2:15:39] that we're in uh so I would make a [2:15:42] recommendation to to uh go ahead and [2:15:45] move forward with the uh accepting the [2:15:48] $27 million so that the the uh office [2:15:52] can continue with the paperwork that [2:15:54] needs to be done and and hopefully you [2:15:56] know [2:15:57] um we'll find other ways to [2:16:01] uh find more money to con [2:16:06] to uh complete this [2:16:08] project Council uh Mr Wallace I'd second [2:16:12] that motion I'm afraid if we don't take [2:16:14] the 27 million now it could get reduced [2:16:17] again I'd much rather have it committed [2:16:20] and we have it I don't think it it's a [2:16:23] gamble the waight it's just tricky I'd [2:16:25] rather have that money in hand so I [2:16:28] would second your motion for item number [2:16:30] one to be [2:16:31] approved okay well I'll make it a motion [2:16:34] but I want to go out for public comment [2:16:35] first uh um is there any public comment [2:16:38] in regards to this item 9912 uh anyone [2:16:41] on the [2:16:43] phone hearing none coming back to the [2:16:46] chamber anyone in the chamber public [2:16:47] comment regards to this item [2:16:51] seeing none bringing it back at [2:16:53] 9912 so um I will go ahead and make a [2:16:56] motion at this time and uh Mr Wallace if [2:16:59] you can go ahead and make that [2:17:00] second that motion for a second [2:17:04] now so we have a motion by mayor Moran a [2:17:08] second by council member U Wallace BR [2:17:12] call please I just want to confirm that [2:17:15] your motion is for item one okay yes yes [2:17:22] roll call council member Wallace yes [2:17:25] council member [2:17:27] Soto yes mayor Moran yes motion passes [2:17:31] by a vote of three [2:17:33] zero mayor and Council just so you know [2:17:36] what you should expect is a funding [2:17:38] agreement to be brought forward in the [2:17:39] future um and that will formally accept [2:17:43] the 27 million from the state so just be [2:17:45] on the lookout for that in the near term [2:17:47] can you bring that back [2:17:49] tomorrow all right all right okay uh [2:17:52] next we have item [2:17:54] number [2:17:56] 43 uh discussion and Direction regarding [2:17:59] potential water system consolidation [2:18:01] between the city of Livingston and Floyd [2:18:03] a Shelby Elementary [2:18:06] School Anthony yeah that's see me again [2:18:15] Council and this is a uh another [2:18:17] discussion and Direction item regarding [2:18:19] a potential water system some [2:18:21] consolidation between the city of [2:18:22] Livingston and Floyd a Shelby Elementary [2:18:25] School I I do want to point out that we [2:18:28] do have a couple of Representatives one [2:18:31] from self-help Enterprises and uh one [2:18:34] from mered County Office of [2:18:38] Education I did summarize this uh staff [2:18:42] report in a PowerPoint as well [2:18:52] little bit of background about the Floyd [2:18:54] a Shelby elementary school they're [2:18:57] located outside of the city limits with [2:18:59] about a student population of [2:19:03] 130 uh relies on private Wells for [2:19:05] drinking water landscape [2:19:08] irrigation they are out of [2:19:11] compliance for 123 TCP maximum [2:19:14] contaminant level they're seeking ways [2:19:16] to mitigate water requirements through a [2:19:19] water system consolidation with the city [2:19:22] uh self-help Enterprises has indicated [2:19:24] the state water board would participate [2:19:26] in uh construction of a new [2:19:28] well state water board would uh complete [2:19:32] the water infrastructure for connecting [2:19:34] the school to the city as well the [2:19:36] conveyance [2:19:39] infrastructure more background on the [2:19:41] city uh currently it's it's been [2:19:44] challenging to meet the water demands [2:19:45] during the summer months uh we are in [2:19:48] need of new wells to keep the water [2:19:49] system fully [2:19:51] functional all of the existing City [2:19:53] Wells produce raw water that exceed the [2:19:56] 123 [2:19:58] tcpm currently implementing Citywide 123 [2:20:00] TCP [2:20:02] projects recently authorized the [2:20:04] construction of a new well well 18 uh to [2:20:07] help help offset the increased water [2:20:10] demands to accommodate unexpected water [2:20:12] demands from the Shelby Elementary [2:20:13] School the city would need to construct [2:20:15] a new water well which would most likely [2:20:18] include treatment facilities such as is [2:20:20] arsenic and 123 [2:20:23] TCP City staff has identified the cost [2:20:25] for drilling new wells um that would [2:20:29] need treatment and that's approximately [2:20:31] 13 [2:20:36] million the benefits and and [2:20:38] disadvantage of a consolidation [2:20:39] agreement the benefits are a new water [2:20:42] source which we all know is going to be [2:20:43] increased water supply for the city [2:20:46] added system reliability State funding [2:20:49] contribution [2:20:51] and disadvantage would be increased onm [2:20:53] cost and out of boundary service [2:20:59] connection possible actions that the [2:21:01] council may take this evening one would [2:21:05] uh would the council like to direct [2:21:06] staff to enter into discussions with [2:21:08] Shelby school and self-help Enterprises [2:21:10] to obtain additional details on what a [2:21:13] consolidation agreement would in tell um [2:21:15] there would be costs associated with his [2:21:17] discussions to review documents and [2:21:19] staff time to 10 [2:21:21] meetings two for the council like to [2:21:24] direct staff to contact the Shelby [2:21:25] school once the city of Livingston water [2:21:27] supply issues have been addressed and [2:21:30] number three other Council [2:21:34] direction that concludes the uh Power [2:21:38] Point so [2:21:43] um couple of questions and and and then [2:21:46] also just for clarification I think some [2:21:48] of the language is already there in the [2:21:49] presentation and in the uh report but I [2:21:52] just like to make sure that that is [2:21:56] clarified uh so I did the cost would be [2:22:00] roughly about $13 million and it would [2:22:05] be covered by the state correct well [2:22:09] those are all um estimates would have to [2:22:11] be estimates is 13 million we know is if [2:22:14] there's arsonic that needs to be treated [2:22:16] TCP um but uh as far as uh [2:22:21] what's covered I mean those details [2:22:22] would have to be discussed in more [2:22:26] detail with the the state and okay [2:22:29] self-help and because then there's also [2:22:32] that cost not just the well part of it [2:22:34] and then the filtration system depending [2:22:37] on what kind of chemicals need to be [2:22:40] cleaned up there uh but also the [2:22:42] connecting part of it there there's a [2:22:45] cost that has to be incurred to connect [2:22:47] from the [2:22:48] city to to the school what it that cost [2:22:53] do we know or still part of those [2:22:55] conversations that need to that you're [2:22:56] talking about yeah that would have to be [2:22:59] uh um discussed and and we could look a [2:23:01] little further and if that's what [2:23:03] council would like to give direction on [2:23:05] but uh um self-help is here and they may [2:23:08] have some of that information if if you [2:23:10] would like a self-help uh to to come [2:23:13] forward and answer any questions that [2:23:15] Council may have because then my other [2:23:18] question but then again I think you [2:23:19] already answered but [2:23:21] was you know uh depending on how much [2:23:23] water is produced [2:23:25] there uh and if the school uses I don't [2:23:28] know [2:23:30] 20% you know do does the city have to [2:23:32] pay the [2:23:34] other so if the cost let's just use $10 [2:23:37] million and school is going to use only [2:23:40] 20% Then does the city have to consider [2:23:44] that because the city is going to use [2:23:45] the other 80% does the city have to pay [2:23:48] 80% of the cost yeah those are great questions but a little uh [2:23:53] preliminary to to really answer that [2:23:55] right now we would have to have further [2:23:56] discussions is there okay go ahead hi my [2:24:01] name is f conell with selfhelp [2:24:02] Enterprises uh my team is the one [2:24:05] providing the technical assistance [2:24:06] through the state water board funding [2:24:08] under the safer program and so some of [2:24:10] these questions you guys asked any [2:24:12] project cost that city of Livingston [2:24:14] would incur uh for the planning of this [2:24:16] particular project is reimbursable so [2:24:18] any cost you guys incur doing actual [2:24:20] work as the planning project be [2:24:22] reimbursable uh with the construction [2:24:24] application any cost that you guys would [2:24:26] uh incur like as an a well or [2:24:28] construction cost to provide water to [2:24:31] the Shelby school will also be covered [2:24:33] by the grant funding now the question [2:24:35] you asked regarding uh you know if we [2:24:37] have a well that produces a certain [2:24:39] capacity and this school needs certain [2:24:42] percentage of that not all of it then [2:24:44] the grant funding would cover the cost [2:24:45] that would be provided to the school the [2:24:48] other cost would be uh up to the city [2:24:50] Livingston however it would be something [2:24:52] like U low interest loan or zero zero [2:24:56] interest loan from the state to cover [2:24:57] the cost of that [2:24:58] particular uh excess capacity the city [2:25:01] of Livingston would be using so it would [2:25:03] definitely cover the cost of the [2:25:05] construction of the well that covers all [2:25:07] the school's needs everything else will [2:25:09] be covered uh by grant funding by the [2:25:11] state if you guys wanted to go that [2:25:14] route and so w with that said that Grant [2:25:18] process coming from the city [2:25:21] it still has to be does is it going to [2:25:23] go through the regular or through a [2:25:25] process where it has to be identified if [2:25:28] it's if it qualifies or is or do we know [2:25:31] that that because of the situation that [2:25:34] it's in it's just pretty [2:25:37] much yes it's approved just send us the [2:25:40] paperwork [2:25:41] and right right now we're in the middle [2:25:43] of the planning projects with the Shelby [2:25:45] at this point and so when we get to the [2:25:47] construction part of this and let's say [2:25:49] we do consolidate with City of [2:25:50] Livingston um the funding is would be [2:25:53] guaranteed it would be grant funding for [2:25:55] that particular project like I said [2:25:56] anything over that and that' be [2:25:57] discussions that we have specifically [2:25:59] with the state about capacity over what [2:26:01] is needed through uh Shelby um that [2:26:04] would be discussed with the state but [2:26:05] yeah it is a a fully Grant funded [2:26:07] project because you are consolidating [2:26:09] with a system that's disadvantaged in a [2:26:15] school so I guess one of the advantages [2:26:17] would be that [2:26:20] this the city would have access to [2:26:22] additional water mhm yeah definitely and and another you know incentive that [2:26:28] the state provides for consolidating is [2:26:32] uh you guys can also uh use your own [2:26:34] grant funding to cover a project of your [2:26:37] own that doesn't have anything to do [2:26:38] with the city the Shelby consolidation [2:26:40] as well so if there's something else you [2:26:42] guys are interested in maybe storage or [2:26:43] something like that nature the state can [2:26:45] provide grant funding or if you guys [2:26:47] don't um um meet the requirements for [2:26:50] grant funding it'll be uh like a zero [2:26:52] interest loan for any kind of project [2:26:54] you guys have to do with the state on [2:26:55] that end as well [2:26:59] okay Council any other [2:27:03] questions uh go ahead Mr wall Mr Mayor U [2:27:08] Anthony going back to the other [2:27:10] committee fire suppression for the [2:27:12] Shelby school now that's something [2:27:16] that's coming up anyway because of their [2:27:19] water supply now if we hook up with them [2:27:23] through the school their current well we [2:27:28] would want to make sure that maintains [2:27:30] their Landscaping now is that enough if [2:27:32] they keep that old well that's there now [2:27:34] would that handle their fire suppression [2:27:36] although it's a mitigated thing because [2:27:38] unless there's a fire it's never going [2:27:39] to go off anyway but I'm just curious [2:27:41] have that been thought of at the same [2:27:44] time yeah those are are pretty tough [2:27:47] questions to answer at this moment right [2:27:49] now those are all uh [2:27:52] um um issues that'll need to be [2:27:54] addressed at the time of uh of if [2:27:57] Council would like us to communicate [2:27:58] with them okay council member and mayor [2:28:01] and Council I think Anthony did a really [2:28:03] good job of laying out the policy [2:28:05] implications here and really we didn't [2:28:08] feel like it was appropriate to allocate [2:28:10] expenditures of engineering a public [2:28:13] works staff time for something that the [2:28:14] council may not see as a priority so we [2:28:17] know that our priorities have been you [2:28:19] know well 8A well 18 some of these other [2:28:22] high priority items obviously when [2:28:24] everything is a priority nothing becomes [2:28:26] a priority so we wanted to make sure [2:28:28] that the council weighed in from the [2:28:30] council policy level uh perspective on [2:28:33] whether they wanted us to prioritize [2:28:35] this item so Anthony's exactly right [2:28:37] these are all great questions uh council [2:28:39] member Wallace brought up the mayor [2:28:41] brought up I know we talked yesterday I [2:28:43] think it was yesterday about some of [2:28:44] these items there are a lot more great [2:28:46] questions too we didn't want to allocate [2:28:48] so much staff time uh that this became a [2:28:51] priority without consulting with Council [2:28:52] first so a lot of these questions we [2:28:54] don't have the answers to yet because we [2:28:56] didn't want to get ahead of the council [2:28:58] without Council formally providing the [2:29:00] direction to staff so I think Anthony [2:29:02] did a good job of laying out the policy [2:29:03] implications [2:29:10] here so I mean I I think it's a it's a [2:29:16] great [2:29:18] project but and then but I'm also kind [2:29:21] of thinking about all of the other [2:29:23] projects that we have you know that are [2:29:25] water related so which one this will be [2:29:29] another project or would be another [2:29:31] project to the other water [2:29:33] projects [2:29:41] um you know um which one is going to be [2:29:45] priority number one or number two or [2:29:47] number three or number 10 so just just something to think to think [2:29:52] about you wanted to add something else [2:29:55] if I could just address that one uh item [2:29:58] you were saying about uh the time that [2:29:59] you need for engineering for this [2:30:00] particular project like I was saying [2:30:02] earlier this is a safer Grant funded [2:30:04] project right now under the TA safer [2:30:06] program and right now all engineering [2:30:08] work is is covered by that funding [2:30:10] source so we're not asking for much [2:30:13] engineering from the city at this point [2:30:15] participation would be more of reviewing [2:30:17] the documents making sure that if we're [2:30:19] meeting me we're meeting City standards [2:30:21] on engineering reports uh PL [2:30:24] specifications for the project secret [2:30:26] documentation things like that but we [2:30:27] won't be asking you guys take a lead on [2:30:28] any of that at this point you guys will [2:30:30] be more in the review process now if it [2:30:32] comes time to construction there'll be a [2:30:34] different conversation but in this [2:30:35] particular uh project we're doing now [2:30:37] there wouldn't be a whole lot of [2:30:38] engineering we would be asking from the [2:30:42] city thank you for providing [2:30:46] that Council [2:30:52] question did I already went out for po [2:30:55] comment yeah okay so perfect opportunity [2:30:57] to go after for public comment uh 926 is [2:31:01] there any public comment on the phone in [2:31:02] regards to this [2:31:04] item [2:31:06] yes um go ahead you have three minutes [2:31:08] can you please say your name for the [2:31:12] record uh yes my name is El I am [2:31:15] representing the division of drinking [2:31:17] water the sa for sou gain from [2:31:21] unit uh the division of drinking water [2:31:23] supports the consolidation with the city [2:31:26] of Livingston as a longterm solution for [2:31:29] the school uh we would appreciate your [2:31:31] approval on item 43 of the agenda to [2:31:34] enter discussion with uh your [2:31:37] staff and I just wanted to highlight [2:31:39] that right now we're working on the [2:31:40] engineering report so the goal would be [2:31:45] to lay out all the um technical ities [2:31:50] and be able to ensure that we address [2:31:52] all the comments that the city has uh [2:31:56] which has already a little bit been [2:31:59] highlighted uh fire suppression what [2:32:01] happens to the well uh what is funding [2:32:04] look like and just be able to provide [2:32:06] all the information for Council to uh [2:32:09] make a decision if this is something [2:32:10] they're interested in the future uh [2:32:13] construction thank [2:32:15] you thank you is there any uh addition [2:32:20] comments on the phone in regards to this [2:32:24] item bringing it back to the chamber at [2:32:26] 927 any uh comments please come forward [2:32:30] say your name for the [2:32:33] record Castillo [2:32:36] um the question I would have because [2:32:39] he's saying this would be um a fully [2:32:42] grant [2:32:43] program as on the development side when uh self-help Enterprise helps uh or [2:32:48] brings water into disadvantage Community [2:32:50] it's like a home run for a developer or [2:32:52] for a community so if would that be [2:32:54] similar to this I know I'm thinking of a town that just got a grant for storage [2:32:59] in a well and they it was 100 it was [2:33:00] covered I believe 100% by a grant um so [2:33:03] for example I know here in the city we have issues with uh with um with [2:33:07] obviously me and our our uh water demand [2:33:10] during the summer but if if you can [2:33:11] incorporate let's say the well that you [2:33:13] that the school would need and then [2:33:15] maybe add some additional storage I [2:33:16] believe the storage could be the [2:33:18] solution for that Peak uh season of of [2:33:21] water uh where we're having issues and [2:33:23] then that would also open up some of the [2:33:25] um uh other other things that we Haven [2:33:28] been able to do like development which [2:33:29] would bring in more revenue for the city [2:33:31] and would help maybe fund some of these [2:33:32] other projects my question would be [2:33:34] because the city has just got awarded a [2:33:37] grant for 27 million by them [2:33:40] participating in this uh type of uh [2:33:43] program with self-help does that is [2:33:45] there a disadvantage to to the city or [2:33:47] does that allow them not to uh apply for [2:33:49] any additional funding like that they [2:33:50] are currently um going [2:33:54] after no uh you know participating or [2:33:57] not in this particular program or this [2:33:58] in this particular consolidation project [2:34:00] wouldn't uh you know affect the city's [2:34:03] uh ability to apply for other grants [2:34:04] through the state water board um um but [2:34:07] the state water board does uh um [2:34:09] prioritize consolidations and then they [2:34:12] do provide like I said incentive [2:34:13] fundings for those entities that take on [2:34:15] those smaller systems [2:34:20] so does that mean they get like they get [2:34:22] a higher score for being for do for part [2:34:25] does the city get like points or a score [2:34:27] for participating on programs like these [2:34:29] when they go out for Grants or no uh no [2:34:31] not not a higher [2:34:33] score sorry no not a higher score but [2:34:36] again um you know they do take this into [2:34:38] account when [2:34:39] you're uh it's like a score wouldn't be [2:34:41] the right way to say it but they do take [2:34:43] into account the that you guys were [2:34:45] consolidating with a disadvantaged [2:34:46] community or a school that needed the uh [2:34:48] the Water Source yeah so so there would there be any disadvantage to the [2:34:53] city for or anything you can think of [2:34:55] that wouldn't be to the benefit of the [2:34:58] city for participating to for something [2:34:59] like [2:35:01] this uh um you know uh most of the [2:35:05] engineering most of the work for this [2:35:07] particular project is taken care of by [2:35:08] our Engineers uh for for our work the [2:35:11] disadvantages uh the city staff would [2:35:13] have to review some documentation and do [2:35:14] a little bit of work at this point um [2:35:17] but the review is pretty minimal [2:35:18] compared to the work that the Engineers [2:35:20] are doing for our particular project um [2:35:23] I can't think of any disadvantages at um [2:35:25] on my mind but if you guys have [2:35:26] something specific to ask me I can [2:35:28] definitely answer answer that but uh no [2:35:30] mind I don't see any disadvantages at [2:35:32] this [2:35:33] point okay thank you yeah like I said on [2:35:35] the development World um this is a this [2:35:38] is normally a home run as a development [2:35:40] or even even even taking development out [2:35:42] of it uh most um cities like like this [2:35:45] type of partnership with self help [2:35:47] because it covers 100% of the grants or [2:35:49] covers [2:35:50] most of the time it's 100% of the cost [2:35:51] and if you don't get 100% of the cost [2:35:53] then you you get a 0% interest uh loan [2:35:56] so it's I mean you can't ask for [2:35:57] anything better thank [2:36:00] you thank [2:36:06] you [2:36:09] go J uh really like the uh like it looks [2:36:14] good looks really good I know Diego had [2:36:16] some of the same questions that I had [2:36:17] like the idea of helping a school [2:36:19] obviously so um I like the direction [2:36:22] it's going but Mr R you B up a concern [2:36:24] that I think it's fair Anthony I kind of [2:36:25] want to ask you and Mr Lopez a little [2:36:27] bit too Chris if you have any comments [2:36:29] on this obviously we just approved the [2:36:31] well project recently just got 27 [2:36:33] million in funding going to start moving [2:36:35] on that pretty soon here uh like the [2:36:38] idea that we're moving forward a lot [2:36:39] faster now because it feels like we've [2:36:40] been stagnant but let's just say 6 [2:36:43] months from now or whatever the timeline [2:36:45] is after discussions are had we decide [2:36:47] that we want to move forward with this [2:36:49] if all these projects are going on at [2:36:50] once do we have the adequate capacity to [2:36:54] make sure that everything's being done [2:36:55] right get all of your other work done [2:36:58] and like get everything done effectively [2:37:01] in the event that all this is going on [2:37:04] together with our other [2:37:08] Wells I'll respond to a portion of that [2:37:11] typically in the construction especially [2:37:13] projects of this scope there's uh [2:37:16] project management built into the grant [2:37:18] funding so usually that's allocated so [2:37:21] that you know it's not necessarily staff [2:37:23] that's monitoring it rather it's you [2:37:25] know a specific designated person who's [2:37:28] responsible for construction management [2:37:30] one it save staff time and then two it [2:37:32] can be covered 100% by the grant funding [2:37:34] so that's likely going to be the case [2:37:36] with this particular project because it [2:37:38] is a a directly connected to the state [2:37:41] water uh board right okay I think uh [2:37:45] mayor if it's okay I think those are all [2:37:48] great questions for me the big uh [2:37:52] question that we always have is how much [2:37:54] do we have on the plate um and I look at [2:37:56] the projects that we have right now um [2:37:59] Anthony has a report that'll be provided [2:38:01] to the council probably in the next [2:38:03] couple weeks or so we've got a number of [2:38:06] developers right now that are wanting to [2:38:08] move forward on developments in the [2:38:09] community now um and we're unable to [2:38:12] because we don't have the adquate water [2:38:14] capacity so for for me right now the [2:38:17] most sense for the city of Livingston [2:38:19] proper is a move forward on well 8A well [2:38:23] 18 and making sure that we've got all [2:38:26] the resources allocated and make sure [2:38:27] that moves forward so that is absolute [2:38:30] my top priority for the city of [2:38:32] Livingston at this moment in time um [2:38:34] incorporating this project I think it's [2:38:35] a great idea I think it is a a [2:38:38] legitimate concept the question that I [2:38:40] do have though is how much time gets [2:38:42] taken away from uh non- allocation [2:38:45] towards whether it's well 8A well 18 or [2:38:49] the priority of keeping our system [2:38:51] operational and running we had a [2:38:54] conversation this morning with the [2:38:55] engineering team the Public Works team [2:38:56] the development team on what we can do [2:38:58] to get just this capacity moving in the [2:39:01] city so that's my my question you know [2:39:03] adding this project would obviously you [2:39:06] can't do everything 100% of the time so [2:39:09] this is time that gets taken away from [2:39:11] other projects in the city and that's [2:39:12] just the reality of it and that's just [2:39:14] me being truthful and straightforward on [2:39:16] how things operate right yeah thanks for [2:39:18] that that's what I wanted uh question [2:39:20] then for maybe a gentleman from [2:39:21] self-help is if the city decides not to [2:39:23] move on this today in terms of sitting [2:39:26] down and figuring out a plan is there a [2:39:28] deadline that we have by when we'd have [2:39:31] to get this moving is there like an [2:39:33] ideal time frame for you all maybe we [2:39:36] come back in a few months and we decide [2:39:37] to get on the [2:39:39] table thank you yeah um no right now we [2:39:43] are at the stage of the uh preliminary [2:39:45] engineering report we're trying to make [2:39:47] a decision we're at a fork in the road [2:39:49] how do move forward on this particular [2:39:50] project for Shelby and so um let's say [2:39:54] that we unsuccessful and city of [2:39:55] Livingston does not decide to uh [2:39:57] participate in the planning [2:39:59] project um then we're trying to discuss [2:40:02] a new alternative for that school uh [2:40:05] when you're talking about something like [2:40:06] one 123 TCP contaminations uh as you [2:40:09] guys probably know treatment is [2:40:12] expensive and unaffordable especially if [2:40:14] you're a small entity like a school who [2:40:16] doesn't have any uh rate payers to cover [2:40:18] the cost [2:40:20] and so it'll be difficult for us to [2:40:21] figure out what to do next with uh [2:40:23] Shelby um but we'll have to look at [2:40:25] other Alternatives and then we'll be [2:40:27] working with the state and all the other [2:40:28] uh engineering that we're working with [2:40:30] the project Engineers to figure out [2:40:31] what's happening next but um I don't [2:40:33] have an answer for you what the exact [2:40:34] answer what we could do then but what [2:40:36] might happen is we might approach you [2:40:38] all again in the future uh with some [2:40:40] more information from the state [2:40:41] waterboard about what we can provide for [2:40:43] you all uh to incentivize this project [2:40:46] uh other than that um like I said it [2:40:48] would be a lot more uh investigations [2:40:50] and evaluations of alternatives for this [2:40:54] system which could be ongoing for a long [2:40:59] time thank you no further [2:41:02] questions thank you mayor I did uh [2:41:05] receive an email back on October 15 from [2:41:09] alir Rees who spoke um and she did um [2:41:14] provide a public comment by email I just [2:41:17] want to put that on the record thank you Mr uh Santos yeah I just [2:41:22] wanted to provide a little Clarity to to [2:41:23] the public at this point we're not [2:41:26] approving um or rejecting it's a [2:41:29] basically uh get direction from uh [2:41:32] Council to go and gather more [2:41:33] information to come back to the council [2:41:35] can make a decision at sometime in the [2:41:37] future whether uh to do a [2:41:41] consolidation um so question [2:41:50] if actually I think you answered part of [2:41:53] my question was what is plan b or plan [2:41:56] C I I heard like we're not sure yet [2:42:00] maybe uh but if if the city decides to [2:42:04] say you know let's just start that [2:42:06] preliminary [2:42:08] conversation uh and considering some of [2:42:11] the other items that we have already on [2:42:13] our [2:42:14] plate would you be I mean or would [2:42:18] whoever is on that side [2:42:20] be okay with working with us in regards [2:42:23] to I mean this is not going to happen [2:42:25] like you [2:42:26] know [2:42:28] uh quick as we wanted it to be but we do [2:42:33] you know saying like we do want [2:42:36] to figure something out but kind of bear [2:42:39] with us and let's let's take it maybe [2:42:42] you know not 50 miles an hour but I [2:42:45] don't know 45 30 miles an hour I mean is [2:42:52] that yeah what will you I mean what [2:42:54] would you guys say to that so you know [2:42:58] um the the consolidation with city of [2:43:02] Livingston is the most feasible [2:43:03] alternative to address the contamination [2:43:06] issues for uh Shelby school and so right [2:43:09] now what we are asking is just for [2:43:12] participation in this engineering report [2:43:14] to review the document and provide [2:43:16] comments to us at this point and and uh [2:43:19] once we finalize that engineering Report [2:43:21] with the common city of Livingston we'll [2:43:23] be able to provide that information to [2:43:24] you guys you guys have an uh an [2:43:26] engineering document that has a project [2:43:28] estimate it'll give you specifics about [2:43:30] what the project is asking for um as [2:43:34] well as any kind of impacts to the [2:43:35] school or to the city so you guys will [2:43:38] at the at this point not cons um commit [2:43:41] to consolidation but participate in the [2:43:43] planning process and then at that point [2:43:45] you guys can actually have the document [2:43:47] see some real information numbers uh [2:43:49] data and you guys can make a decision at [2:43:51] that point so it is kind of a slow [2:43:53] process I think you guys will at the [2:43:54] very beginning if you guys choose to [2:43:55] move forward with us just kind of [2:43:57] provide us information and data that we [2:43:59] can uh include into a um a complete [2:44:03] report and then you guys can have that [2:44:05] make a decision on what you guys would [2:44:06] like to do next at that point so we're [2:44:08] probably talking a few months from now [2:44:10] that you guys will be will be asking you [2:44:12] guys to make a decision to if you guys [2:44:13] want to participate in actual [2:44:15] consolidation um at this point we're [2:44:17] just asking for some information data [2:44:19] sharing between each other all [2:44:22] right uh cancel any other [2:44:27] questions yeah Mr Mayor can we have the [2:44:29] lap the screen with the three options [2:44:31] back up please [2:44:33] Monica [2:44:34] [Music] [2:44:37] Anthony personally I like option number [2:44:40] one I the benefits I think of us getting [2:44:43] an extra water supply in the future the [2:44:46] state and everybody's going to help [2:44:48] funding this [2:44:50] I think it's to the benefit of living St [2:44:53] the way on water we're still going to PS [2:44:56] pursue for our other Wells but I think [2:44:58] option number one would be the one that [2:45:00] least enter into the discussions and see [2:45:03] what the cost associate review those [2:45:05] documents and the Council next year can [2:45:08] make a final decision but we need if [2:45:10] we're going to think about it we need to [2:45:11] start that process thank [2:45:15] you is that a motion yes so uh [2:45:20] um I think that there is something we [2:45:37] can do here you know um and um I think [2:45:43] there are some benefits to everybody [2:45:46] involved um obviously if if if we can [2:45:50] get a full Grant then we don't have to [2:45:51] pay for it that'll be better right uh it [2:45:55] doesn't hurt to ask right um but you [2:45:59] know [2:46:02] um I I'm hoping that that it doesn't add [2:46:06] too much to our plate or to our staff a [2:46:10] lot more than what they already have um [2:46:14] but um I would ask I I think I I do want [2:46:19] to support this I I I will second this [2:46:22] uh but at the same time hopefully just [2:46:26] um take it one step at a time as and [2:46:29] hopefully we can bring it [2:46:31] back uh when when it's appropriate and [2:46:35] we can look at it again but I I I will [2:46:37] second that [2:46:38] motion so we have a motion on the floor [2:46:41] by uh council member Wallace uh second [2:46:44] by myself roll call [2:46:46] please roll call cancel member Wallace [2:46:50] yes council member [2:46:52] Soo sorry I meant to ask this question [2:46:56] um down here Below on the staff report I [2:46:59] realize there's a motion on the floor [2:47:01] but pursuing this project will allow the [2:47:04] city of livon to leverage any available [2:47:05] local fund should it be necessary what in particular were uh was that [2:47:10] reference towards [2:47:12] Anthony um page two of three it's just [2:47:16] stating that we could use our um [2:47:19] reserves [2:47:21] Capital [2:47:25] Enterprises funds [2:47:27] if liable for funds but if it's [2:47:37] granted okay um I'm it's it's it's a [2:47:42] hard tossup but seeing in the future if [2:47:44] it expands our our water infrastructure [2:47:47] then it's it's a great concept but as it [2:47:51] stands right now with with some of the [2:47:53] things that that were discussed here you [2:47:55] know we we are in a in a hard place with [2:47:58] our water but seeing that this is [2:48:00] something for our [2:48:01] future um it it does it's not going to [2:48:04] hurt us to for um members of this [2:48:09] Council or staff to enter into like a [2:48:12] discussion so those the when it comes to [2:48:15] the hard conversation that would be up [2:48:17] to Future councils to come to but just [2:48:21] to look into the ideas and see what you [2:48:23] can come up with even with uh your [2:48:25] Alternatives if you find a better [2:48:29] alternative um by all means but uh [2:48:32] working with our our neighbors Shelby [2:48:35] school has many of our our students that [2:48:39] attend there so um I can yeah yes was [2:48:45] that roll call yeah yes mayor [2:48:49] yes motion passes by a vote of [2:48:52] 30 thank you so next at [2:48:55] 9:44 we have uh adjournment and uh good [2:48:59] night everyone