LIVE OAK CITY COUNCIL AGENDA – APRIL 17, 2024
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.
• Remote Viewing:
o Members of the public can view a livestream of the meeting online at https://liveoakca.granicus.com/ViewPublisher.php?view_id=1. o Members of the public can access the Zoom webinar as follows:
▪ Join by Electronic Device:
https://us02web.zoom.us/j/84104265398
▪ Join by Phone:
1-669-900-6833 or 1-833-548-0282 (Toll Free)
Webinar ID: 841 0426 5398
• Public Comment: Members of the public can submit general public comments, as well as comment on specific agenda items in the following ways:
o Public Attendance: Members of the public who attend in person may make comments from the Council Chamber podium.
LIVE OAK
CITY COUNCIL
REGULAR MEETING AGENDA
APRIL 17, 2024
6:00 PM
MEETING LOCATION
LIVE OAK COUNCIL CHAMBERS
9955 LIVE OAK BOULEVARD
LIVE OAK, CALIFORNIA 95953
MEMBERS OF THE COUNCIL
ASHLEY HERNANDEZ, MAYOR
NANCY SANTANA, VICE MAYOR
JERAMY CHAPDELAINE, COUNCILMEMBER
LAKHVIR GHAG, COUNCILMEMBER
BOB WOTEN, COUNCILMEMBER
MARK SCOTT,
INTERIM CITY MANAGER
NICOLE ROSSER,
CITY ATTORNEY
1 LIVE OAK CITY COUNCIL AGENDA – APRIL 17, 2024
o Live Remote Public Comment: Members of the public can submit a live remote public comment by:
▪ Joining the virtual Council meeting via the link below. When public comment is opened, raise your virtual hand and be called upon to speak for up to 3 minutes. https://us02web.zoom.us/j/84104265398
▪ Joining the virtual Council meeting by calling the phone number below. When public comment is opened, dial *9 to raise your hand and be called upon to speak for up to 3 minutes. 1-669-900-6833 or 1-833-548-0282 (Toll Free)
Webinar ID: 841 0426 5398
o Email Public Comment: Comments from the public on agenda items will be accepted until 1:00 pm on the date of the meeting, via email to the City Clerk at [email protected]. Comments will be distributed to Council prior to the meeting and attached to the minutes. Please note that emailed comments will NOT be read aloud by staff during the meeting. o eComment Feature: Comments from the public on agenda items will be accepted until 1:00 pm on the date of the meeting, via the eComment feature at
https://liveoakca.granicus.com/ViewPublisher.php?view_id=1. Comments will be distributed to Council prior to the meeting and attached to the minutes. Please note that eComments will NOT be read aloud by staff during the meeting.
2 LIVE OAK CITY COUNCIL AGENDA – APRIL 17, 2024
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE AND INVOCATION
CORRECTIONS AND/OR CHANGES TO THE AGENDA BY CITY MANAGER ONLY
PRESENTATIONS AND RECOGNITIONS
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 April 3, 2024, City Council Special Meeting minutes. (Clarissa Menchaca, City Clerk)
2. City Council Meeting Minutes
Recommendation: Approve the April 3, 2024, City Council Regular Meeting minutes. (Clarissa Menchaca, City Clerk)
3. Update Regarding Archer Avenue Emergency Repair
Recommendation: Receive and file.
(Scott Rolls, City Engineer)
4. Approval of Consulting Agreement with EDesignC Consultants for Completing Design Build Bid Documents Required to Hire Contractor to Construct the Solar Project at the Wastewater Treatment Plant
Recommendation: Authorize Interim City Manager to approve consulting agreement with EDesignC for $71,925 plus a $10,000 contingency for a total of $81,925. This amount is in addition to the $10,000 previously approved by former City Manager Aaron Palmer for EDesignC to perform preliminary engineering to validate the total project cost and project duration. (Jeff Nelson, Interim Public Works Director)
DISCUSSION ITEMS
5. Fire Training Center Discussion
Recommendation: Approve the funding and the location of this project and begin preparing immediately for the training center project. The project should be completed start to finish within 16- 20 weeks. This agenda item supports the following goal and objectives: Goal 1: Improve the quality of training and safety for our firefighters. Objective 1: Increase neighborhood safety and cohesion.
Objective 2: Foster a sense of place and support neighborhood pride. (Richard Epperson, Battalion Chief)
3 LIVE OAK CITY COUNCIL AGENDA – APRIL 17, 2024
BUSINESS ITEMS
6. Fire Engine Purchase
Recommendation: Direct staff to place the order for a new Pierce Type 1 Fire Engine (Pumper) through Golden State Fire Apparatus and authorize the City Manager to execute acquisition documents providing for the financing terms described in the staff report through Community Leasing partners, a division of Community First National Bank.
(Mark Scott, Interim City Manager, and Richard Epperson, Battalion Chief)
ITEMS REMOVED FROM THE CONSENT AGENDA FOR COUNCIL CONSIDERATION AND ACTION
UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER
COUNCILMEMBER COMMENTS
ADJOURNMENT
4 City of Live Oak
Report to City Council
Meeting Date: April 17, 2024
Title: City Council Meeting Minutes
Contact Information: Clarissa Menchaca, City Clerk
Recommendation: Approve the April 3, 2024, City Council Special Meeting minutes.
Attachments:
Minutes
5 LIVE OAK CITY COUNCIL MINUTES – APRIL 3, 2024
CALL TO ORDER
Meeting called to order by Mayor Hernandez at Live Oak City Council Chambers, 9955 Live Oak Boulevard, Live Oak, CA at 5:54 pm.
ROLL CALL
Present: Councilmembers Woten, Chapdelaine, Ghag, Vice Mayor Santana, and Mayor Hernandez
PUBLIC COMMENT
Public Comment was opened and closed without any speakers.
CLOSED SESSION
1. Public Employment: Interim City Manager, Pursuant to California Government Code Section 54957 *Clerk’s Note: If there is any reportable action, a report will be made at the beginning of the next regular Council meeting.
ADJOURNMENT
Mayor Hernandez adjourned the meeting at 5:55 pm.
Ashley Hernandez, Mayor
ATTEST:
Clarissa Menchaca, City Clerk
LIVE OAK
CITY COUNCIL
SPECIAL MEETING MINUTES
APRIL 3, 2024
5:30 PM
MEETING LOCATION
LIVE OAK COUNCIL CHAMBERS
9955 LIVE OAK BOULEVARD
LIVE OAK, CALIFORNIA 95953
MEMBERS OF THE COUNCIL
ASHLEY HERNANDEZ, MAYOR
NANCY SANTANA, VICE MAYOR
JERAMY CHAPDELAINE, COUNCILMEMBER
LAKHVIR GHAG, COUNCILMEMBER
BOB WOTEN, COUNCILMEMBER
LUIS CIBRIAN,
ACTING CITY MANAGER
NICOLE ROSSER,
CITY ATTORNEY
6 City of Live Oak
Report to City Council
Meeting Date: April 17, 2024
Title: City Council Meeting Minutes
Contact Information: Clarissa Menchaca, City Clerk
Recommendation: Approve the April 3, 2024, City Council Regular Meeting minutes.
Attachments:
Minutes
7 LIVE OAK CITY COUNCIL MINUTES – APRIL 3, 2024
CALL TO ORDER
Meeting called to order by Mayor Hernandez at Live Oak City Council Chambers, 9955 Live Oak Boulevard, Live Oak, CA at 6:10 pm.
ROLL CALL
Present: Councilmembers Woten, Chapdelaine, Ghag, Vice Mayor Santana, and Mayor Hernandez
PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Ghag led the Pledge of Allegiance. Councilmember Chapdelaine delivered the invocation.
CORRECTIONS AND/OR CHANGES TO THE AGENDA BY CITY MANAGER ONLY There were no corrections and/or changes to the agenda.
PRESENTATIONS AND RECOGNITIONS
A. Recognition of Deputy Ryan Tapia
Mayor Hernandez presented Deputy Ryan Tapia with a recognition plaque for his issuance of over 350 traffic citations since assigned to the City of Live Oak.
B. Sexual Assault Awareness Month Proclamation
Mayor Hernandez read the proclamation.
PUBLIC COMMENT
The following member of the public addressed the Council: Gabriel Eyre.
CONSENT ITEMS
Consent Calendar is passed by one motion with exceptions and separate votes as noted.
MOTION: APPROVE THE CONSENT AGENDA.
(MOTION: GHAG; SECOND: CHAPDELAINE)
VOTE: MOTION PASSED UNANIMOUSLY
LIVE OAK
CITY COUNCIL
MINUTES
APRIL 3, 2024
6:00 PM
MEETING LOCATION
LIVE OAK COUNCIL CHAMBERS
9955 LIVE OAK BOULEVARD
LIVE OAK, CALIFORNIA 95953
MEMBERS OF THE COUNCIL
ASHLEY HERNANDEZ, MAYOR
NANCY SANTANA, VICE MAYOR
JERAMY CHAPDELAINE, COUNCILMEMBER
LAKHVIR GHAG, COUNCILMEMBER
BOB WOTEN, COUNCILMEMBER
LUIS CIBRIAN,
ACTING CITY MANAGER
NICOLE ROSSER,
CITY ATTORNEY
8 LIVE OAK CITY COUNCIL MINUTES – APRIL 3, 2024
1. City Council Meeting Minutes
Clarissa Menchaca, City Clerk
Council action: March 20, 2024, City Council Regular Meeting minutes approved.
2. Update Regarding Archer Avenue Emergency Repair
Scott Rolls, City Engineer
Council action: Received and filed.
3. Sutter County Planning Commission Appointment
Kevin Valente, Planning Director
Council action: Appointment of Planning Commissioner Jerry Stewart to the Sutter County Planning Commission confirmed.
4. Resolution Approving Changes to the Compensation of the City Manager and Adopting an Amended Salary Schedule
Nicole Rosser, City Attorney
Council action: Resolution No. 06-2024.
BUSINESS ITEMS
5. Resolution Appointing Mark Scott as Interim City Manager and Approving an Employment Agreement Nicole Rosser, City Attorney
Nicole Rosser, City Attorney, provided a report for the Council.
Public Comment was opened and closed without any speakers.
Mark Scott addressed the Council.
MOTION: ADOPT RESOLUTION APPOINTING MARK SCOTT TO THE POSITION OF INTERIM CITY MANAGER AND
APPROVE AN EMPLOYMENT AGREEMENT THAT ESTABLISHES THE TERMS AND CONDITIONS OF THE APPOINTMENT.
(MOTION: SANTANA; SECOND: HERNANDEZ)
VOTE: MOTION PASSED UNANIMOUSLY
Reference Resolution No. 07-2024.
ITEMS REMOVED FROM THE CONSENT AGENDA FOR COUNCIL CONSIDERATION AND ACTION There were no items removed from the Consent Agenda for Council consideration and action.
UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER Luis Cibrian, Acting City Manager, announced the Annual Cleanup Day is scheduled for Saturday, April 6, 2024.
COUNCILMEMBER COMMENTS
Councilmember Woten touched on his appreciation of Luis Cibrian as Acting City Manager and congratulated Mark Scott as the Interim City Manager.
9 LIVE OAK CITY COUNCIL MINUTES – APRIL 3, 2024
Councilmember Chapdelaine welcomed Mark Scott as the Interim City Manager.
Councilmember Ghag highlighted his attendance at the Sacramento Division League of Cities meeting.
Councilmember Ghag thanked Jerry Stewart for his service on the Planning Commission and welcomed Mark Scott as the Interim City Manager.
Vice Mayor Santana touched on residents contacting her regarding low water pressure in their home and no hot water at the Odd Fellows building. Additionally, Vice Mayor Santana touched on an upcoming meeting with the Live Oak Unified School Board regarding the possibility of a school resource officer. Vice Mayor Santana addressed the assistant city manager position. Lastly, Vice Mayor Santana touched on her appreciation of Luis Cibrian, Mark Scott, and Jerry Stewart.
Mayor Hernandez highlighted her appreciation of Luis Cibrian and welcomed Mark Scott as the Interim City Manager.
ADJOURNMENT
Mayor Hernandez adjourned the regular meeting at 6:40 pm.
Ashley Hernandez, Mayor
ATTEST:
Clarissa Menchaca, City Clerk
10 City of Live Oak
Report to City Council
Meeting Date: April 17, 2024
Title: Update Regarding Archer Avenue Emergency Repair
Contact Information: Scott Rolls, City Engineer
Location: Archer Avenue
Background: The City Council adopted Resolution No. 03-2024 on February 21, 2024 declaring an emergency situation exists on Archer Avenue and suspending competitive bidding requirements for this specific repair work.
Analysis: Repair work is expected to begin the week of April 15, 2024.
Fiscal Impacts: To be determined.
Recommendation: Receive and file.
11 City of Live Oak
Report to City Council
Meeting Date: April 17, 2024
Title: Approval of Consulting Agreement with EDesignC Consultants for Completing Design Build Bid Documents Required to Hire Contractor to Construct the Solar Project at the Wastewater Treatment Plant Contact Information: Jeff Nelson, Interim Public Works Director Background: The City of Live Oak applied for and was awarded a $1,680,000 Construction Grant for the design and construction of a Solar Power generating facility at the City's wastewater treatment plant from the State Watter Resources Control Board (SWRCB) on October 18, 2018. For various reason, including the outbreak of the Covid 19 virus and related conditions, the solar power project was never started. The original grant required that the project be complete by March 31, 2023. The City received an amendment to the grant from SWRCB extending the project completion date deadline to December 1, 2024, and Final Disbursement request date of June 1, 2025. The former Public Works Director engaged EDesignC, a consulting company specializing in the design and delivery of Solar Power projects, to assist the City in developing bid documents to procure a contractor to construct the solar power project. The Interim Public Works Director has confirmed with the SWRCB that the costs associated with preparing the bid documents, that is EDesignC's fees, are 100% eligible for reimbursement by grant funds.
Analysis: EDesignC has evaluated the availability of equipment and supplies and contractor interest in the project and believes the Solar Power project can be completed and final reimbursement requests can be made by Final Disbursement Date of June 1, 2025. However, to meet the time constraints of the grant, work on developing the bid documents so bids can be solicitated from contractors should begin as soon as possible. Once the bid documents are prepared, they will be brought to City Council for approval before being issued. Staff will also provide City Council with regular updates as to the progress of the project.
Fiscal Impacts: None. EDesignC's fees are fully eligible for reimbursement by grant funds associated with the $1,680,000 construction grant awarded to the City of Live Oak by the State Water Resources Control Board.
12 Recommendation: Authorize Interim City Manager to approve consulting agreement with EDesignC for $71,925 plus a $10,000 contingency for a total of $81,925.
This amount is in addition to the $10,000 previously approved by former City Manager Aaron Palmer for EDesignC to perform preliminary engineering to validate the total project cost and project duration.
Attachments:
EDesignC's Proposal
13 582 Market Street, Suite 400, San Francisco, CA 94104 212 9th Street, Suite 203, Oakland, CA 94607
91 Gregory Lane, Suite 3, Pleasant Hill, CA 94523
Phone 415.963.4303 / www.EDesignC.com
July 21, 2023
City of Live Oak
9955 Live Oak Blvd.
Live Oak, CA 95953
Phone: (530) 695-2112 ext. 132
Email: [email protected]
Attention: Ron Walker - Director of Public Works
Subject: Live Oak Solar Project located at 9955 Live Oak Blvd. Live Oak, CA Project description
The design/build delivery method is the best option for the City of Live Oak to implement the recommendations of the EDesignC’s Photovoltaic Feasibility and Energy Improvements 2015 report. The supporting documents/ drawings must have sufficient details to ensure that the quality of provided equipment, connection point, installation, warranty, guarantee of production, etc. and be similar between all suppliers.
Scope of Work Overview
EDesignC will develop design build documents that would go to turnkey firms that would design, permit and install. Our proposal includes construction support services to assist in the implementation of the project.
The timeframe for material procurement is difficult to predict with material and labor shortages, as well as the geographic location of the project. We propose to allow 3-4 months for design build criteria documents; integrate the City of Live Oak bid period and estimate 1 year for construction that includes submittal review and installation.
Scope of Work
1. Kick off meeting with City to review the 2015 issued report and get updated energy and cost information.
2. Initial discussions with utility company for net metering requirements.
3. Site visit to review existing conditions.
4. Develop design build criteria documents that outline the system size, quality of panels, inverters, and interconnection requirements. Drawings and technical specifications.
5. Meeting with City to review the documents for bids and coordination with any front-end City documents for bid.
6. Assist City with bid walk with potential vendors.
7. Review bids with the City to determine the most qualified bidder.
8. Construction support services during construction include monthly site meetings, review progress payments with the city, review final permit drawings, review RFI or submittals to ensure project implementation meets initial criteria.
9. Close out documents reviewed for as builts, warranty and monitoring of the PV system.
Exclusions
1. PG&E on-line application or coordination beyond that noted above.
2. Design of electrical system improvements to existing equipment and distribution.
3. Backup generator sizing or transfer switch design criteria.
4. Battery system design criteria for resiliency.
14 582 Market Street, Suite 400, San Francisco, CA 94104 212 9th Street, Suite 203, Oakland, CA 94607
91 Gregory Lane, Suite 3, Pleasant Hill, CA 94523
Phone 415.963.4303 / www.EDesignC.com
Deliverables and Fees
Work outside of the scope noted above will not be completed without written authorization.
The project schedule will be covered during the kick-off meeting – any delays from city agencies, owner, architect, or client may exceed time noted. • Outside reproduction fees shall be reimbursed at cost + 10%, unless otherwise noted • Invoice progress by the end of each month for work completed on this project or as submittals are completed.
• Payment is due 30 days from the invoice date unless otherwise specified. • Payments not received by the due date shall bear interest at the rate of 10% per annum.
Approval
Please indicate your acceptance of this proposal by signing and dating this agreement on the space provided. Return to [email protected], copying [email protected] when completed. _________________________________ __________________________ Rosanna Lerma, PE, LEED Ron Walker
Principal Director of Public Works
EDesignC Incorporated City of Live Oak
July 21, 2023
Date Date
Deliverables Fixed Fee
Site visit, project data update and meetings $ 9,975
Design Build drawings and specifications $ 24,150
Bid phase and review of bids $ 4,000
Construction Support Services (est. 1 year) $ 33,600
Project Fee $ 71,925
15 City of Live Oak
Report to City Council
Meeting Date: April 17, 2024
Title: Fire Training Center
Contact Information: Richard Epperson, Battalion Chief
Location: 9633 N Street next to the City Corporation Yard.
Background: Drager Fire Training Systems offer a comprehensive unique training program. When responding to a fire, the experience and skills learned during training can save lives. Firefighters need reliable equipment that is maintained correctly. Today's fires burn hotter and faster, making flashovers a danger to firefighters. Every Drager Swede System Fire Training simulator provides real-world fire conditions and scenarios. The container-based Class A burn structures include training courses with qualified, experienced instructors. The Swede System enables firefighters to incrementally develop knowledge of fire behavior and skills for fire control and suppression while advancing through these skill centers. In the past we have trained within the City of Live Oak at the empty lots near the KB home development and the Garden Glen development, these lots have since been fully developed and training for the Fire Department has been difficult. The structure for the training is a two-story cargo box construction that meets NFPA 1402 guidelines and CAL OSHA requirements. This system will provide firefighting training for the next two to three generations of firefighters here in this community.
Analysis: The training center is well needed for the safety of our firefighters. Training areas near the fire house is limited. Often, we are sending our firefighters to other areas for the weekly training. This will give the firefighters opportunities to stay within their first responding area and available for quicker response.
Fiscal Impacts: There will be no impact to the General Fund as the impact fees from the Fire Department and the AB1600 funds would be used to purchase the structure, and work to be done in preparation for the site.
The total current budget for the Fire Training Center is $390,000. 16 Recommendation: Approve the funding and the location of this project and begin preparing immediately for the training center project. The project should be completed start to finish within 16-20 weeks. This agenda item supports the following goal and objectives:
Goal 1: Improve the quality of training and safety for our firefighters.
Objective 1: Increase neighborhood safety and cohesion.
Objective 2: Foster a sense of place and support neighborhood pride.
Attachments:
Image 1
Image 2
Fire Training Center Driveway
17 18
19 20
21 22
City of Live Oak
Report to City Council
Meeting Date: April 17, 2024
Title: Fire Engine Purchase
Contact Information: Mark Scott, Interim City Manager, and Richard Epperson, Battalion Chief Background: The City of Live Oak's E5 Fire Engine is seven years old, requiring plans for replacing it on a timely basis before the end of its useful life. Due to the high demand for Fire vehicles and the backlog of orders, there is roughly a fouryear delivery timeline on new orders for Fire Engines. Because the cost of Fire equipment is escalating rapidly, there are also advantages to making acquisitions as soon as possible to minimize cost and to secure timely deliveries.
At this time, Sutter County Fire prefers purchase of Pierce Fire Engines, a popular apparatus due to their design, resilience, reliability, and effectiveness. While there are different vehicles in the County fleet, fire departments generally avoid wide varieties of vehicles from different companies within their fleets due to the challenges of maintaining and training on different systems, with different maintenance needs, different parts, etc. Thus, it is proposed to make this new Pierce Engine purchase at this time, locking in a price and financing rate. Most fire vehicles are purchased using lease purchase tied to the expected life of the vehicle.
Battalion Chief Richard Epperson presented this matter to the City Council at the City Council meeting of March 20, 2024. He was joined at that meeting by Brad Hansen, Sales Representative for Golden State Fire Apparatus and Pierce Manufacturing. Attached are materials they presented showing different pricing and financing options. After the presentation, the City Council provided general direction to proceed with ordering the new fire engine prior to a company-wide April 30 price escalation.
When the new Engine is delivered, the current E5 vehicle will be converted to provide backup service for as long as that can be accomplished efficiently. 23 Analysis: Staff has evaluated the price and financing options and recommends proceeding with Option 2 of what is described as the "prepayment" option.
Under this option, the price of the Fire Engine would be $998,170.30, less a prepayment discount of approximately $151,594.86, requiring financing of $846,575.44. First payment would be due two years from closing, followed by payments of $118,449.67 per year for 10 years. While the company offers other payment periods (5, 7, 10 or 15 years), staff recommends the 10-year period because it most closely matches the useful expected life of a Fire Engine (10-12 years).
The attached documents show a "payment at delivery" option under which the City would seek its own financing, but staff does not recommend that approach. Staff feels this financing option is reasonable and much more certain.
Fiscal Impacts: Based on a 10-year payment schedule, the City's costs for acquisition will be $118,449.67 per year on a 5.49% lease financing rate, beginning in two years. Annually, the City Council will make a decision on source of that year's lease payment. Ideally these funds will come from Fire Impact fees and assessment or from other Vehicle Replacement reserves. The City's General Fund will ultimately be responsible for the obligation if impact fees or other funds are not available at any given time. The previous Fire Engine has been purchased through installment payments generated from the General Fund.
That Engine is being paid off this year.
Recommendation: Direct staff to place the order for a new Pierce Type 1 Fire Engine (Pumper) through Golden State Fire Apparatus and authorize the City Manager to execute acquisition documents providing for the above described financing terms through Community Leasing partners, a division of Community First National Bank.
Attachments:
Leasing Options for County of Sutter
24 25
26 27