ive ak ity ouncil genda ovember live oak city …...councilmember tica led the pledge of allegiance....

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LIVE OAK CITY COUNCIL AGENDA NOVEMBER 4, 2020 Page 1 The Council may take up any agenda item at any time, regardless of the order listed. Action may be taken on any item on this agenda. Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection at City Hall, 9955 Live Oak Boulevard, Live Oak, during normal business hours. Such documents are also available on the City of Live Oak’s website at www.liveoakcity.org, subject to staff’s availability to post the documents before the meeting. In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available. If you have a disability and need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk’s office at (530) 695-2112 x107. Requests must be made at least 24 hours in advance. Pursuant to Governor Newsom’s Executive Orders N-25-20 and N-29-20, members of the Live Oak City Council or staff may participate in this meeting via a teleconference. In the interest of the maintaining appropriate social distancing, members of the public are encouraged to participate in the meeting in the following ways: Remote Viewing: Members of the public can view a livestream of the meeting online at https://liveoakca.granicus.com/ViewPublisher.php?view_id=1. Public Comment: Members of the public can submit general public comments, as well as comment on specific agenda items in the following ways: o Email Public Comment: Public Comment can be submitted via email to the City Clerk at [email protected] during the meeting, prior to the close of public comment on an item, and read into the record during public comment. o eComment Feature: Public Comment will be accepted online between Friday, October 30 th through Wednesday, November 4 th through the eComment feature at: https://liveoakca.granicus.com/ViewPublisher.php?view_id=1. LIVE OAK CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 4, 2020 6:00 PM MEETING LOCATION LIVE OAK COUNCIL CHAMBERS 9955 LIVE OAK BOULEVARD LIVE OAK, CALIFORNIA 95953 MEMBERS OF THE COUNCIL BOB WOTEN, MAYOR LUIS HERNANDEZ, VICE MAYOR ALEKSANDAR TICA, COUNCILMEMBER LAKHVIR GHAG, COUNCILMEMBER J.R. THIARA, COUNCILMEMBER AARON PALMER, CITY MANAGER BRANT BORDSEN, CITY ATTORNEY 1

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Page 1: IVE AK ITY OUNCIL GENDA OVEMBER LIVE OAK CITY …...Councilmember Tica led the Pledge of Allegiance. Councilmember Ghag delivered the invocation. CORRECTIONS AND/OR CHANGES TO THE

LIVE OAK CITY COUNCIL AGENDA – NOVEMBER 4, 2020

Page 1

The Council may take up any agenda item at any time, regardless of the order listed. Action may be taken on any item on this agenda. Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection at City Hall, 9955 Live Oak Boulevard, Live Oak, during normal business hours. Such documents are also available on the City of Live Oak’s website at www.liveoakcity.org, subject to staff’s availability to post the documents before the meeting. In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available. If you have a disability and need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk’s office at (530) 695-2112 x107. Requests must be made at least 24 hours in advance.

Pursuant to Governor Newsom’s Executive Orders N-25-20 and N-29-20, members of the Live Oak City Council or staff may participate in this meeting via a teleconference. In the interest of the maintaining appropriate social distancing, members of the public are encouraged to participate in the meeting in the following ways:

• Remote Viewing: Members of the public can view a livestream of the meeting online at https://liveoakca.granicus.com/ViewPublisher.php?view_id=1.

• Public Comment: Members of the public can submit general public comments, as well as comment on specific agenda items in the following ways:

o Email Public Comment: Public Comment can be submitted via email to the City Clerk at

[email protected] during the meeting, prior to the close of public comment on an item, and read into the record during public comment.

o eComment Feature: Public Comment will be accepted online between Friday, October 30th through Wednesday, November 4th through the eComment feature at: https://liveoakca.granicus.com/ViewPublisher.php?view_id=1.

LIVE OAK CITY COUNCIL

REGULAR MEETING AGENDA NOVEMBER 4, 2020

6:00 PM

MEETING LOCATION LIVE OAK COUNCIL CHAMBERS 9955 LIVE OAK BOULEVARD

LIVE OAK, CALIFORNIA 95953

MEMBERS OF THE COUNCIL

BOB WOTEN, MAYOR LUIS HERNANDEZ, VICE MAYOR

ALEKSANDAR TICA, COUNCILMEMBER LAKHVIR GHAG, COUNCILMEMBER

J.R. THIARA, COUNCILMEMBER

AARON PALMER, CITY MANAGER

BRANT BORDSEN,

CITY ATTORNEY

1

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LIVE OAK CITY COUNCIL AGENDA – NOVEMBER 4, 2020

Page 2

CALL TO ORDER

ROLL CALL PLEDGE OF ALLEGIANCE AND INVOCATION CORRECTIONS AND/OR CHANGES TO THE AGENDA BY CITY MANAGER ONLY

CLOSED SESSION REPORT PUBLIC COMMENT

Any person wishing to address the City Council on general jurisdictional matters or consent calendar items may do so at this time. If you are commenting on an agenda item, your comments will be heard at the time that item is scheduled for discussion. The City Council adopted a time limit of three minutes per person. The Brown Act does not allow for Council discussion of items not on the agenda. Councilmembers may only a) refer the matter to staff; b) ask for additional information; c) request a report back; or d) provide a limited factual response for items not listed on the agenda. CONSENT ITEMS Consent Calendar is passed by one motion with exceptions and separate votes as noted.

1. City Council Meeting Minutes

Recommendation: Approve the October 21, 2020 City Council Regular Meeting minutes. (Clarissa Menchaca, City Clerk)

BUSINESS ITEMS

2. Capital Improvement Plan Update

Recommendation: Discuss and file. (Joe Aguilar, Finance Director)

3. Adoption of Resolution to Censure Council Member J.R. Thiara Recommendation: Adopt resolution to censure Council Member J.R. Thiara. (Bob Woten, Mayor)

ITEMS REMOVED FROM THE CONSENT AGENDA FOR COUNCIL CONSIDERATION AND ACTION

UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER

COUNCILMEMBER COMMENTS (WRITTEN ONLY)

ADJOURNMENT

2

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City of Live OakReport to City Council

Meeting Date: November 4, 2020

Title: City Council Meeting Minutes

Contact Information: (Clarissa Menchaca, City Clerk)

Recommendation: Approve the October 21, 2020 City Council Regular Meeting minutes.

Attachments:

Minutes

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LIVE OAK CITY COUNCIL MINUTES – OCTOBER 21, 2020

Page 1

The Live Oak City Council conducted this meeting in accordance with Governor Newsom’s Executive Orders N-25-20 and N-29-20.

CALL TO ORDER

Meeting called to order by Mayor Woten at Live Oak City Council Chambers, 9955 Live Oak Boulevard, Live Oak, CA at 6:00 pm.

ROLL CALL

Present: Mayor Woten

Appeared via teleconference: Councilmembers Ghag, Tica, and Vice Mayor Hernandez

*Clerk’s Note: Councilmember Thiara appeared via teleconference at 6:02 pm

PLEDGE OF ALLEGIANCE AND INVOCATION

Councilmember Tica led the Pledge of Allegiance. Councilmember Ghag delivered the invocation.

CORRECTIONS AND/OR CHANGES TO THE AGENDA BY CITY MANAGER ONLY

There were no corrections and/or changes to the agenda.

PUBLIC COMMENT

Public Comment was opened and closed without any speakers.

CONSENT ITEMS

MOTION: APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 2 WHICH WAS REMOVED FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION.

(MOTION: TICA; SECOND: HERNANDEZ)

VOTE: MOTION PASSED UNANIMOUSLY

LIVE OAKCITY COUNCIL

MINUTESOCTOBER 21, 2020

6:00 PM

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LIVE OAK CITY COUNCIL MINUTES – OCTOBER 21, 2020

Page 2

1. City Council Meeting MinutesClarissa Menchaca, City ClerkCouncil action: October 7, 2020 City Council Regular Meeting minutes approved.

2. Purchase of City VehiclesLuis Cibrian, Parks and Recreation Director

This item was removed from the Consent Agenda for further discussion at the request of Councilmember Ghag.

BUSINESS ITEMS

3. Appropriation of CARES Act Funds and Approval of Public Programs Benefiting Residents and BusinessesJoe Aguilar, Finance Director

Joe Aguilar, Finance Director, provided a report for the Council.

Public Comment was opened and closed without any speakers.

MOTION: ELIMINATE ANY GOVERNMENT REIMBURSEMENT AND DISBURSE THAT PORTION EQUALLY BETWEENBUSINESSES AND RESIDENTS.(MOTION: THIARA; SECOND: GHAG)

MOTION: AMEND MOTION TO OBTAIN DATA AND COME UP WITH A DISTRIBUTION PLAN.(MOTION: THIARA)

*CLERK’S NOTE: MOTION DIED FOR LACK OF A SECOND.

MOTION: AMEND MAIN MOTION TO: 1) ADOPT RESOLUTION AMENDING THE BUDGET; AND 2) TAKE $100,000 AND DIVIDE IT BETWEEN THE BUSINESSES AND RESIDENTS AND TAKE THE REMAINING $13,000 AND APPLY THE FUNDS TO THE EXPENSES THE CITY INCURRED.(MOTION: WOTEN; SECOND: HERNANDEZ)

VOTE: AMENDED MOTION PASSED 3-2AYES: COUNCILMEMBER GHAG, VICE MAYOR HERNANDEZ, AND MAYOR WOTENNOES: COUNCILMEMBERS THIARA AND TICA

Reference Resolution No. 23-2020.

4. Discussion and Possible Action Regarding the Potential Censure of Councilmember ThiaraBob Woten, Mayor

Council action: Mayor Woten asked, and Vice Mayor Hernandez agreed to develop a resolution to censure Councilmember Thiara for the Council to review at the following Council meeting.

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LIVE OAK CITY COUNCIL MINUTES – OCTOBER 21, 2020

Page 3

ITEMS REMOVED FROM THE CONSENT AGENDA FOR COUNCIL CONSIDERATION AND ACTION

2. Purchase of City VehiclesLuis Cibrian, Parks and Recreation Director

Luis Cibrian, Parks and Recreation Director, addressed questions from the Council.

Joe Aguilar, Finance Director, addressed questions from the Council.

MOTION: APPROVE THE PURCHASE OF THREE CITY VEHICLES THAT ARE INCLUDED IN THE APPROVED FISCAL YEAR 2020-21 BUDGET.(MOTION: TICA; SECOND: WOTEN)

VOTE: MOTION PASSED 3-2AYES: COUNCILMEMBER TICA, VICE MAYOR HERNANDEZ, AND MAYOR WOTENNOES: COUNCILMEMBERS THIARA AND GHAG

UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER

There were no updates and announcements from the City Attorney and the City Manager.

COUNCILMEMBER COMMENTS (WRITTEN ONLY)

Councilmember Tica provided written comments.

ADJOURNMENT

Adjourned the meeting at 7:20 pm in memory of Mohinder Ghag.

Bob Woten, MayorATTEST:

Clarissa Menchaca, City Clerk

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City of Live OakReport to City Council

Meeting Date: November 4, 2020

Title: Capital Improvement Plan Update

Contact Information: (Joe Aguilar, Finance Director)

Background: Since 2015, the City has prepared a Capital Improvement Plan (CIP) on aperiodic basis that serves as a planning tool for potential capital projects.Attached is a PowerPoint Presentation that summarizes key parts of the CIP.No action needs to be taken for this agenda item for any individual project.Budget appropriations for active projects have already been approved throughthe adoption of each fiscal budget.

The purpose of this agenda item is to solicit input from the elected CityCouncil on capital projects beyond fiscal year 2020-21. The CIP sortsprojects into four major categories:

* Streets and Trails* General Projects (parks, buildings, public safety, etc.)* Sewer System* Water System

The funding sources listed note financial sources that are reasonable to be inplace by the year the project will begin. Every year new housing occurs, theCity receives annual allocations from the State (gas tax) and Sacramento AreaCouncil of Governments (LTP road money) and other pending grantapplications. The funding sources are not stagnant, but ever changing.

Foremost, the CIP is a planning tool. No commitments for projects are madeuntil the City completes another budget approval or the City Councilapproves another budget amendment. There is no action requested for the CIPother than discussion.

Fiscal Impacts: None.

Recommendation: Discuss and file.

Attachments:

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City of Live OakCapital Improvement Plan

October 2020

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City of Live OakGeneral Plan

TrailsMaster Plan

OtherMaster Plans

Storm DrainMaster Plan

WaterMaster Plan

Sewer Master Plan

TrafficCirculation Plan

Housing Element

CapitalImprovement

PlanPortion Paid by Taxes Rate Payers & Other

Sources

Portion Paid by New Development

TaxesUtility RatesGrantsReserves

Developer FeesDeveloper InstalledAssessment Districts

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Recent Accomplishments

Sludge Press: Install and operational since 2019

Pennington Road Water Main: completed

Water Well #7: approaching completion by Nov 30

Hwy 99 PG&E Undergrounding: City contributions have been concluded and PG&E and Caltrans are nearing completion of their portions

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Projects in Progress Hwy 99 Widening & Streetscape: Construction

began summer 2020 and expected to go into 2022

Hwy 99 water/sewer relocations: Caltrans expects conclusion in 2021

Pennington Road West street work: Bids to be solicited in Spring 2021

“P” Street Lift Station: City hired engineers and design underway and bids expected to be solicited in Spring 2021

Water Meters: Staff will order first 325 meters and MDX units for replacement in Feb 2021

12

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Pending Projects

Water Well #8 and Storage Tank: Design firm to be hired in Spring 2021 to begin project

Sewer Plant Solar Project: State recently authorized release of grant to begin project, City expects to solicit bids by Spring 2021

Rec Trail IV: construction expected in late 2021 Sewer Plant UV Rehab: Parts being ordered for

installation in Jan/Feb 2021 Memorial Park Improvements: Restrooms doors

completed in 2019 and baseball fields will be upgraded in 2021

13

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Tying maintenance revenue sources to new projects or new development

Improvements to existing facilities to reduce labor demands and maintenance costs

Evaluating level of assessment burden to maintain new and current facilities

Things to Consider

14

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Streets & Trails CIP ProjectsFunding FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 Totals

Pennington Rd West 1,094,000 1,094,000

FHWA (Federal Hwy ) Grant 968,000

City Gas Tax 75,000

City SB1 Gas Tax 51,000

Hwy 99 Engineering/Streetscape 100,000 100,000

City LTF Road Funds 100,000

Hwy 99 Relocate Water/Sewer lines 1,200,000 800,000 2,000,000

City General Fund 400,000

City LTF Road Fund 700,000

City Gas Tax 400,000

City Sewer Fund 200,000

Water Connection Fees 300,000

Hwy 99 Widening & StreetScape 12,120,000 5,120,000 5,000,000 22,240,000

City Gas Tax 94,000

City SB1 Gas Tax 146,000

Federal "Tiger" Grant 10,000,000

CalTrans Shop Funds 12,000,000

Kola Street Rehab (Larkin-N Street) 140,000 1,100,000 1,240,000

City SB1 Gas Tax 140,000

City LTF Road Fund 800,000

Traffic Impact Fees 300,000

Slurry Seal Program 300,000 400,000 700,000

City LTF Road Fund 700,000

Rec Trail Phase 4 30,000 525,000 555,000

Federal Grant 491,000

Park Impact Fees 64,000

15

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General CIP ProjectsFunding FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 Total

Drain Rehab (Date-Soccer Pk) 1,100,000 1,100,000 Developer Contribution 550,000

Drainage Connection Fees 550,000

Park Structures 30,000 50,000 50,000 50,000 50,000 230,000 Park Impact Fees 230,000

Memorial Park Improvements 40,000 75,000 100,000 100,000 315,000 General Fund 315,000

Develop Garden Glen Park 500,000 500,000 Park Impact Fees 50,000

Park Grant Application 450,000

Soccer Park Field 4 500,000 500,000 Park Impact Fees 50,000

Park Grant Application 450,000

Community Bldg Repairs 50,000 50,000 General Fund 50,000

Police Car Fleet 88,000 88,000 176,000 COPS Fund 176,000

Fire Engine Type VI 250,000 250,000 General Fund 125,000

Fire Impact Fees 125,000

Fire Engine Lease Financing 90,162 90,162 90,162 90,162 360,648 General Fund 360,648

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Sewer System CIP ProjectsFunding FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 Total

P' Street Lift Station 750,000 450,000 1,200,000

Sewer Operations 750,000

Sewer Connection Fees 450,000

Sewer Plant Solar Project

Sewer Operations 750,000 750,000 1,680,000 2,430,000

State Water Board Grant 1,680,000

Sewer Plant UV Rehab 120,000 120,000

Sewer Connection Fees 120,000

Ash Street Lift Station 450,000 200,000 650,000

Sewer Operations 450,000

Sewer Connection Fees 200,000

Pennington Lift Station 570,000 250,000 820,000

Sewer Operations 570,000

Sewer Connection Fees 250,000

Kola Street Lift Station 270,000 270,000

Sewer Operations 180,000

Sewer Connection Fees 90,000

Peach Street Lift Station 330,000 330,000

Sewer Operations 220,000

Sewer Connection Fees 110,000

Sewer Vac Truck Replacement 460,000 460,000

Sewer Operations 460,000

Sewer Deodorizing System 260,000 260,000

Sewer Operations 260,000

17

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Water System CIP ProjectsFunding FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 Totals

Water Well #7A 200,000 200,000

Water Connection Fees 200,000

<<

Water Well #8 & Water Storage 2,500,000 2,000,000 4,500,000

Federal CDBG Grant 4,500,000

Water Meter Replacements 75,000 150,000 150,000 175,000 200,000 750,000

Water Operations 375,000

Water Connection Fees 375,000

Water Valve Replacements 60,000 60,000 60,000 180,000

Water Operations 90,000

Water Connection Fees 90,000

Fire Hydrant Replacements 60,000 60,000 60,000 180,000

Water Operations 90,000

Water Connection Fees 90,000

Booster Station (Well #7/#8) 1,500,000 1,500,000

Water Connection Fees 750,000

Undetermined Funding Source 750,000

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Maintenance Assumptions Street Maintenance: Gas tax and LTF road money

provides major funding for street projects

Sewer Maintenance: next 5 years of maintenance items expected use up about half of cash reserves

Water Maintenance: must evaluate cash demands to do all identified items at this time

Park Maintenance: General Fund has just enough operating budget room to handle existing parks

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ConclusionIn FY 20-21 and beyond the City will see . . . .

Continued improvement of the City’s transportation infrastructure

Continued improvement of the City’s water sources and delivery system

Improved and more efficient sewer treatment and collection system

Ever improving park and recreational facilities for quality community life

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Page 21: IVE AK ITY OUNCIL GENDA OVEMBER LIVE OAK CITY …...Councilmember Tica led the Pledge of Allegiance. Councilmember Ghag delivered the invocation. CORRECTIONS AND/OR CHANGES TO THE

City of Live OakGeneral Plan

TrailsMaster Plan

OtherMaster Plans

Storm DrainMaster Plan

WaterMaster Plan

Sewer Master Plan

TrafficCirculation Plan

Housing Element

CapitalImprovement

PlanPortion Paid by Taxes Rate Payers & Other

Portion Paid by New Development

TaxesUtility RatesGrantsReserves

Developer FeesDeveloper InstalledAssessment Districts

21

Page 22: IVE AK ITY OUNCIL GENDA OVEMBER LIVE OAK CITY …...Councilmember Tica led the Pledge of Allegiance. Councilmember Ghag delivered the invocation. CORRECTIONS AND/OR CHANGES TO THE

City of Live OakCapital Improvement Plan

Street & Roads Projects

Funding FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 TotalsPennington Rd West 1,094,000 1,094,000

FHWA (Federal Hwy ) Grant 968,000City Gas Tax 75,000

City SB1 Gas Tax 51,000

Hwy 99 Engineering/Streetscape 100,000 100,000City LTF Road Funds 100,000

Hwy 99 Relocate Water/Sewer lines 1,200,000 800,000 2,000,000City General Fund 400,000

City LTF Road Fund 700,000City Gas Tax 400,000

City Sewer Fund 200,000Water Connection Fees 300,000

Hwy 99 Widening & StreetScape 12,120,000 5,120,000 5,000,000 22,240,000City Gas Tax 94,000

City SB1 Gas Tax 146,000Federal "Tiger" Grant 10,000,000

CalTrans Shop Funds 12,000,000

Kola Street Rehab (Larkin-N Street) 140,000 1,100,000 1,240,000City SB1 Gas Tax 140,000

City LTF Road Fund 800,000Traffic Impact Fees 300,000

Slurry Seal Program 300,000 400,000 700,000City LTF Road Fund 700,000

Rec Trail Phase 4 30,000 525,000 555,000Federal Grant 491,000

Park Impact Fees 64,000

22

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City of Live OakCapital Improvement Plan

General Projects

Funding FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 Total

Drain Rehab (Date-Soccer Pk) 1,100,000 1,100,000Developer Contribution 550,000

Drainage Connection Fees 550,000

Park Structures 30,000 50,000 50,000 50,000 50,000 230,000Park Impact Fees 230,000

Memorial Park Improvements 40,000 75,000 100,000 100,000 315,000General Fund 315,000

Develop Garden Glen Park 500,000 500,000Park Impact Fees 50,000

Park Grant Application 450,000

Soccer Park Field 4 500,000 500,000Park Impact Fees 50,000

Park Grant Application 450,000

Community Bldg Repairs 50,000 50,000General Fund 50,000

Police Car Fleet 88,000 88,000 176,000COPS Fund 176,000

Fire Engine Type VI 250,000 250,000General Fund 125,000

Fire Impact Fees 125,000

Fire Engine Lease Financing 90,162 90,162 90,162 90,162 360,648General Fund 360,648

23

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City of Live OakCapital Improvement Plan

Sewer System ProjectsFunding FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 Total

P' Street Lift Station 750,000 450,000 1,200,000Sewer Operations 750,000

Sewer Connection Fees 450,000

Sewer Plant Solar ProjectSewer Operations 750,000 750,000 1,680,000 2,430,000

State Water Board Grant 1,680,000

Sewer Plant UV Rehab 120,000 120,000Sewer Connection Fees 120,000

Ash Street Lift Station 450,000 200,000 650,000Sewer Operations 450,000

Sewer Connection Fees 200,000

Pennington Lift Station 570,000 250,000 820,000Sewer Operations 570,000

Sewer Connection Fees 250,000

Kola Street Lift Station 270,000 270,000Sewer Operations 180,000

Sewer Connection Fees 90,000

Peach Street Lift Station 330,000 330,000Sewer Operations 220,000

Sewer Connection Fees 110,000

Sewer Vac Truck Replacement 460,000 460,000Sewer Operations 460,000

Sewer Deodorizing System 260,000 260,000Sewer Operations 260,000

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City of Live OakCapital Improvement Plan

Water System Projects

Funding FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 Totals

Water Well #7A 200,000 200,000Water Connection Fees 200,000

<<

Water Well #8 & Water Storage 2,500,000 2,000,000 4,500,000Federal CDBG Grant 4,500,000

Water Meter Replacements 75,000 150,000 150,000 175,000 200,000 750,000Water Operations 375,000

Water Connection Fees 375,000

Water Valve Replacements 60,000 60,000 60,000 180,000Water Operations 90,000

Water Connection Fees 90,000

Fire Hydrant Replacements 60,000 60,000 60,000 180,000Water Operations 90,000

Water Connection Fees 90,000

Booster Station (Well #7/#8) 1,500,000 1,500,000Water Connection Fees 750,000

Undetermined Funding Source 750,000

25

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City of Live OakReport to City Council

Meeting Date: November 4, 2020

Title: Adoption of Resolution to Censure Council Member J.R. Thiara

Contact Information: (Bob Woten, Mayor)

Location: City Wide

Background: Mayor Woten will give a verbal report on this item.

Fiscal Impacts: None.

Recommendation: Adopt resolution to censure Council Member J.R. Thiara.

Attachments:

Resolution

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Resolution No.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVE OAK FINDING AND PROVIDING FOR THE CENSURE OF COUNCIL MEMBER HARSEV J.R. THIARA

WHEREAS, the City Council has adopted Rules of Decorum for its meetings pursuant to L.O. Municipal Code 2.04.05; and

WHEREAS, the Live Oak municipal code states that:

Any persons making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the Council shall be forthwith by the presiding officer barred from further audience before the Council unless permission to continue shall be granted by a majority vote of the council

WHEREAS, Council Member Thiara constantly disrupts city meetings by yelling and disrespecting the chair person and other council members; and

WHEREAS, Council Member Thiara continues to speak and rudely disrupt after being repeatedly called to order has made it necessary to mute him during the meetings to restore order; and

WHEREAS, Council Member Thiara is most often rude, disrespectful, and a bully to staff and other presenters during question time after their presentation; and

WHEREAS, Council Member Thiara disrupted the city manager hiring process by contacting the search agency without authorization, after which they terminated the contract with Live Oak to do the search; and

WHEREAS, Council Member Thiara was instrumental in supporting a plan presented in the public media to disincorporate the city of Live Oak and turn over control to Sutter County; and

WHEREAS, Council Member Thiara organized a campaign meeting at a local business to encourage the businesses and the community to rise up against the Highway 99 Project in an attempt to cancel it. This caused confusion and discord among the people in the community; and

WHEREAS, Council Member Thiara has interfered with staff and their responsibilities by contacting vendors and suppliers without Live Oak City authorization; and

WHEREAS, Council Member Thiara has gone outside of the process and has personally made a verbal attempt to fire a member of city staff; and

WHEREAS, Council Member Thiara has used social media to attack the personal lives of staff and council members; and

WHEREAS, Council Member Thiara by his own admission is generally unprepared for the meetings and says he has a question because he didn’t read the report; and

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WHEREAS, Council Member Thiara called Council member Woten on February 23rd,2019 and personally attacked his character and Council Member Woten felt threaten by his language and tone; and

WHEREAS, Council Member Thiara called Vice Mayor Hernandez on June 29th, 2020 and personally attacked his character and Vice Mayor Hernandez felt threaten by his language and tone; and

WHEREAS, Council Member Thiara has spread misinformation regarding Coronavirus and has falsely accused the City of Live Oak for not taking proper precautions in protecting the community; and

WHEREAS, some members of the community have witnessed the behavior of Council Member Thiara and asked that the council take action and address this situation; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Live Oak hereby censures CouncilMember Harsev J.R. Thiara for violating the Live Oak Municipal Code 2.04.050 Rules of Decorum and for personally attacking other council members, staff, and the public; embarrassing each City Council Member and the organization; and undermining majority decisions of the City Council.

PASSED AND ADOPTED by the City Council of the City of Live Oak this 4th day of November, 2020, by the following vote:

AYES: NOES: ABSENT: NOT VOTING:

APPROVED:

Bob Woten, MayorATTEST:

Clarissa Menchaca, City Clerk

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