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[1) CALL TO ORDER: Mayor]
GOOD EVENING FOLKS.THIS MEETING IS BEING HELD PURSUANT TO SECTION 3 OF EXECUTIVE ORDER N-2920 ISSUED BY GOVERNOR NEWSOME ON MARCH 17TH OF 2020 AND ALL MEMBERS ARE JOINING THIS MEETING REMOTELY VIA ZOOM WEBINAR.
WE WILL NOW CALL THIS MEETING TO ORDER.
IF YOU ARE ABLE PLEASE STAND FOR A FLAG SALUTE.
THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.
MADAM CLERK, WOULD YOU PLEASE CALL THE ROLL?
MAYOR, WE CAN'T HEAR YOU. YOU'RE MUTED.
>> WOW, YOU TELL ME HALFWAY THROUGH THE , I'M JUST KIDDING.
[LAUGHTER] WELL YOU READ MY LIPS? NO, I'M JUST KIDDING.
[LAUGHTER] THIS PORTION OF THE MEETING IS RESERVED FOR PERSONS DESIRING TO ADDRESS THE COUNCIL AND INCLUDING THE COUNCIL ACTING AS THE GOVERNING BOARD FOR ITS SUCCESSOR AGENCY ON ANY MATTER NOT ON THE AGENDA AND OVER WHICH THE COUNCIL AND SUCCESSOR AGENCY HAS JURISDICTION.
AUDIENCE PARTICIPATION IS PERMITTED TWO MINUTES PER SPEAKER, IF YOU WOULD LIKE TO MAKE A VERBAL COMMENT USING ZOOM, PLEASE USE THE RAISE HAND FEATURE.
IF YOU ARE ON YOUR TELEPHONE, PLEASE DIAL STAR 9 ON YOUR KEYPAD AND YOU'LL BE CALLED UPON BY THE NUMBER YOU'RE CALLING FROM WHEN IT IS YOUR TURN TO SPEAK.
ONCE YOUR TIME HAS EXPIRED, WILL BE MUTED.
ANYONE WHO HAS NOT PROVIDED THEIR COMMENTS BY THE CLOSE OF THE PUBLIC COMMENT PORTION OF THIS MEETING, CAN EMAIL THEM TO THE CITY CLERK AT CITYCLERK@CITYOFMOSCOW.ORG AND YOUR COMMENTS WILL BE INCLUDED IN THE FINAL RECORD.
THE CITY COUNCIL IS OF COURSE VERY INTERESTED IN YOUR COMMENTS.
HOWEVER, DUE BROWN ACT REQUIREMENTS NO ACTION NEEDED TO TAKE IN THIS MEETING.
SHOULD YOUR COMMENTS REQUIRE FURTHER CONSIDERATION BY THE COUNCIL OR ITS SUCCESSOR AGENCY, THE ITEM WILL BE AGENDIZED FOR A FUTURE COUNCIL MEETING.
AT THIS TIME, MADAM CLERK, DO YOU HAVE ANY PUBLIC COMMENTS?
>> AT THIS TIME, MAYOR, WE HAVE NO PUBLIC COMMENTS.
>> EXCELLENT. MOVING ON TO THE NEW BUSINESS.
[5) a. Adpot a Resolution approving the City’s Operation Budget and Capital Improvement Projects for the Fiscal Year 2021-2022 (Perez-Hernandez)]
5A: THE PRELIMINARY PROPOSED ANNUAL OPERATION BUDGET AND CAPITAL IMPROVEMENT PROJECTS FOR THE FISCAL YEAR OF 2021-2022, DIRECTOR PEREZ.>> HONORABLE MAYOR, CAN YOU HEAR ME?
>> WONDERFUL. HONORABLE MAYOR, MEMBERS TO THE CITY COUNCIL AND ZOOM ATTENDEES, BEFORE YOU IS A FINALIZED PRELIMINARY OPERATING BUDGET AS WELL AS THE CAPITAL IMPROVEMENT PROGRAM THAT HAS BEEN HELD FROM SEVERAL RELATED BUDGET WORK, RELATED WORKSHOPS.
IN THIS EVENING, THIS RECOMMENDATION IS TO ADOPT AND APPROVE THE OPERATING BUDGET AS WELL AS THE CAPITAL IMPROVEMENT BUDGET PROGRAM.
TWO NOTABLE CHANGES THAT I WOULD LIKE TO POINT OUT IS THE CAMERA REBATE PROGRAM FOR OUR RESIDENTS THAT THE COUNCIL WOULD LIKE TO CONTINUE, AND THAT'S IN THE AMOUNT OF $99,300, THAT'S ONE OF THE NOTABLE ITEMS. THE SECOND ITEM IS AT THE COUNCIL MEETING ON JUNE 15TH, THE PUBLIC WORKS DIRECTOR BROUGHT A EMERGENCY RESOLUTION FOR EMERGENCY REPAIRS TO A WATER MAIN BREAK ON 7TH STREET AND THE AMOUNT IS APPROXIMATELY $270,000.
THE $270,000, INITIALLY IT WAS NOT ANTICIPATED, WHICH WAS NOT INCLUDED IN THE PRELIMINARY OPERATING BUDGET BUT SINCE IT WAS APPROVED,
[00:05:01]
WE HAVE TO DO OUR DUE DILIGENCE AND INCLUDE THOSE 270 AS PART OF THE OPERATING BUDGET GOING INTO THE NEW FISCAL YEAR.WITH THAT, STAFF WOULD LIKE TO RECOMMEND THAT THE CITY COUNCIL ADOPT THE RESOLUTION, APPROVING THE '21-'22 OPERATING BUDGET, AS WELL AS THE CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2021 THROUGH 2026.
WITH THAT, HONORABLE MAYOR, MEMBERS OF CITY COUNCIL, I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU GUYS MIGHT HAVE.
>> HOW COME YOU USED THE PHOTO OF ME 30 POUNDS AGO? NO, I'M JUST KIDDING, SERIOUS QUESTIONS.
>> AUDIENCE PARTICIPATION IS LIMITED TO TWO MINUTES PER SPEAKER ON THIS ITEM.
IF YOU WOULD LIKE TO MAKE PROPER COMMENT USING ZOOM, PLEASE USE THE RAISE HAND FEATURE TO REQUEST TO SPEAK.
IF YOU'RE USING A TELEPHONE, PLEASE DIAL STAR 9 ON YOUR KEYPAD.
YOU WILL BE CALLED UPON BY THE NUMBER YOU'RE CALLING FROM WHEN IT IS YOUR TURN TO SPEAK.
PLEASE STATE YOUR NAME FOR THE RECORD BEFORE YOU BEGIN YOUR COMMENTS.
ONCE YOUR TIME HAS EXPIRED, YOU WILL BE MUTED, AND AT THIS TIME, MADAM CLERK DO WE HAVE ANY COMMENTS FROM THE PUBLIC?
>> AT THIS TIME, WE HAVE NO PUBLIC COMMENTS, MAYOR.
>> VERY WELL, THANK YOU. ANY COMMENTS FROM THE MEMBERS? MAYOR PRO TEM RYENA?
>> NO COMMENTS, MAYOR, THANK YOU.
>> I JUST WANT TO EXTEND MY GRATITUDE TO OUR STAFF AND MY COLLEAGUES FOR WORKING HARD ON THIS BUDGET AND GETTING IT OUT THERE ON TIME. THANK YOU.
>> THANK YOU. I'M JUST GOING TO ECHO MEMBER CORTEZ'S COMMENTS.
I KNOW DIRECTOR PEREZ PUT IN SERIOUS TIME EVEN WITH HIS NEWBORN BABY ON HIS LAP INTO THE DEEP HOURS OF THE NIGHT OFTEN.
HIM AND HIS TEAM ARE APPRECIATED AND OF COURSE, ALL THE WORK THAT THE OTHER DIRECTORIES IN THE OTHER DEPARTMENTS DID TO MAKE SURE THAT HE HAD WHAT HE NEEDED TO PRESENT THIS BUDGET TO US WITH THE CITY MANAGER IN A TIMELY MANNER, SO MUCH APPRECIATED AND THANKS TO EVERYBODY.
AT THIS TIME, WE'LL GO AHEAD AND ENTERTAIN A MOTION FOR APPROVAL.
>> MARTINEZ VINCENT, I'LL SECOND.
>> MADAM CLERK, THAT'S BEEN MOVED AND SECONDED.
WOULD YOU PLEASE CALL A VOICE VOTE?
>> MOTION BY COUNCIL MEMBER CORTEZ, SECONDED BY COUNCIL MEMBER MARTINEZ TO APPROVE ITEM 5 A, MOTION IS UNANIMOUSLY APPROVED.
>> [NOISE] WE DID IT, WE HAVE A BUDGET.
AWESOME. [LAUGHTER] ALRIGHT FOLKS.
IF WE HAVE A NEW BUSINESS, MADAM CLERK, DO WE HAVE ANY OTHER ITEMS THIS EVENING BEFORE I MOVE TO ADJOURN?
[5) b. Adopt a Resolution Approving the Annual Appropriations Limit for Fiscal Year 2021- 2022. (Perez-Hernandez)]
>>THAT'S FINE. THAT'S GOING TO BE [INAUDIBLE]
>> NO THIS IS THE ADOPTED RESOLUTION APPROVING THE ANNUAL APPROPRIATION LIMITS FOR FISCAL YEAR 2021 TO 2022.
>> I APOLOGIZE. OKAY. I FOUND IT ON.
MOVING ON TO ITEM 5 B. I APOLOGIZE.
I'M IN NOT MUCH OF A HURRY TO GET HOME.
ITEM 5 B, ADOPT THE RESOLUTION APPROVING THE ANNUAL APPROPRIATIONS THAT ARE MEANT FOR FISCAL YEAR 2021 TO 2022.
DIRECTOR CHRIS, YOU HAVE THE FLOW AGAIN.
V>> HONORABLE MAYOR, MEMBERS OF THE CITY COUNCIL, AND ZOOM ATTENDEES, THIS EVENING, THE STAFF REPORT AND THE RESOLUTION BEFORE YOU IS A STATE REQUIREMENT WHICH SETS THE LIMITS ON HOW MUCH CAN BE SPENT FROM PROCEEDS OF TAXES.
SOME OF THE PROCEEDS OF TAXES, SOME EXAMPLES OF THAT ARE PROPERTY TAXES, VEHICLE LICENSE FEE, SWAP OF PROPERTY TAXES, REGULAR SALES TAX AND MEASURE X TAXES, TRANSIENT OCCUPANCY TAX, AND LASTLY, BUSINESS LICENSE TAX.
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LAST FISCAL YEAR, THE APPROPRIATION LIMIT WAS ROUGHLY 26 MILLION DOLLARS AND OUT OF THOSE 26 MILLION, ONLY 7.4 MILLION WAS APPROPRIATED.THE UPCOMING FISCAL YEAR, 2021/2022, THE APPROPRIATION LIMIT IS ABOUT 28 MILLION DOLLARS, WHICH IS PRIMARILY DRIVEN BY THE POPULATION GROWTH AND ALSO PER CAPITA INCOME.
THOSE ARE THE TWO MAIN DRIVERS THAT WILL RESULT IN INCREASING OR DECREASING THAT APPROPRIATIONS LIMIT AND OUT OF THOSE 28 MILLION, WE HAVE APPROPRIATED ABOUT 6.6 MILLION, WHICH IS SUBSTANTIALLY LESS, AND PUTTING THAT INTO DOLLAR FIGURES, IT'S ABOUT $21.6 MILLION LESS THAN WHAT THE APPROPRIATIONS LIMIT IS.
WITH THAT, STAFF IS RECOMMENDING THAT THE CITY COUNCIL ADOPT THE RESOLUTION, ESTABLISHING THE CITY'S 2021/2022 APPROPRIATIONS LIMIT, AND WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT THE COUNCIL OR THE MAYOR MIGHT HAVE.
>> THANK YOU. BEFORE US, WE'LL ASK THE PUBLIC IF THEY HAVE ANY.
AUDIENCE PARTICIPATION IS LIMITED TO TWO MINUTES PER SPEAKER ON THIS ITEM, IF YOU WOULD LIKE TO MAKE YOUR VERBAL COMMENT USING ZOOM, YOU KNOW TO USE THE RAISE HAND FEATURE ON YOUR TELEPHONE.
IF YOU'RE ON A TELEPHONE, PLEASE DIAL STAR NINE ON THE KEYPAD, YOU WILL BE CALLED UPON BY THE NUMBER YOU'RE CALLING FROM, WHEN IT IS YOUR TURN TO SPEAK.
PLEASE STATE YOUR NAME FOR THE RECORD BEFORE YOU BEGIN YOUR COMMENTS.
ONCE YOUR TIME HAS EXPIRED, YOU WILL BE MUTED.
AT THIS TIME DO WE HAVE ANY PUBLIC COMMENTS FROM THE PUBLIC [INAUDIBLE]?
>> AT THIS TIME WE HAVE NO PUBLIC COMMENTS, MAYOR.
>> COMMENTS FROM THE MEMBERS HERE. GILBERTO REYNA?
>> NO COMMENTS, MAYOR, THANK YOU.
>> WELL, WITH THAT BEING SAID, I'LL GO AHEAD AND ENTERTAIN A MOTION FOR APPROVAL.
>> THIS IS REYNA, MOVE TO APPROVE.
>> SECOND CORTEZ? MADAM CLERK, IT'S BEEN MOVED AND SECONDED.
>> MOTION BY MAYOR PRO TEM REYNA, SECONDED BY COUNCILMEMBER CORTEZ TO APPROVE ITEM 5 B, MOTION IS UNANIMOUSLY APPROVED.
>> I APOLOGIZE, MADAM CLERK, DID YOU WANT TO TAKE UP ITEM 6 NEXT, OR ARE WE SUPPOSED TO GO STRAIGHT THROUGH?
>> [OVERLAPPING] YOU CAN GO TO 6 MAYOR.
IT'S TO AMEND DANIEL'S CONTRACT TO BE THE SAME AS OTHER EMPLOYEES, BUT IF YOU NEED TO DISCUSS IT INTIMATELY ABOUT HIM, THEN WE HAVE A CLOSED SESSION ITEM ON THERE THAT YOU CAN GO TO.
>> I THINK WE SHOULD HAVE THE OPPORTUNITY TO HAVE THAT DISCUSSION BEFORE WE DO TAKE THAT UP.
I'M GOING TO GO AHEAD AND TAKE PREROGATIVE AND MOVE ON TO ITEM 6 A FOR CLOSED SESSION.
[6) CLOSED SESSION:]
WE'LL MOVE INTO CLOSED SESSION NOW FOLKS, AND RETURN HERE FOR CONSIDERATION OF ITEM 5 C FOLLOWING CLOSED SESSION. SEE YOU ON THE OTHER SIDE.WE CAN BEGIN RIGHT, MADAM CLERK?
[5) c. Consideration of amending the contract for Daniel Ortiz Hernandez to conform with changes to employee contracts previously approved City Council. (Hurlbert)]
WE'RE GOING TO GO AHEAD AND TAKE UP ITEM 5 C; CONSIDERATION OF MAINLY THE CONTRACT FOR DANIEL ORTIZ-HERNANDEZ TO CONFORM WITH CHANGES TO EMPLOYEE CONTRACTS APPROVED BY CITY COUNCIL.THIS EVENING WE HAVE CITY MANAGER, HURLBERT. GO AHEAD.
>> THANK YOU, HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL.
[00:15:05]
THIS ITEM, AS WE HAVE DISCUSSED, IS THE RESULT OF NOTICING A FLAW, REALLY AN OBSOLETE TERM IN THE OUTGOING CITY MANAGER'S CONTRACT, WHICH MADE A DIFFERENTIATION BETWEEN HOW VACATION PAY AND ADMINISTRATIVE LEAVE PAY IS PAID OUT AT THE TERMINATION OF THE CONTRACT.THE CITY BECAME AWARE OF SOME CHANGES IN THE LAW, PARTICULARLY IRS INTERPRETATION OF VACATION VERSUS ADMINISTRATIVE LEAVE ALONG WITH ADVICE FROM OUR HUMAN RESOURCES CONSULTING ATTORNEYS, LIEBERT CASSIDY, WHERE THE TWO TYPES OF LEAVES SHOULD BE TREATED IDENTICALLY, BOTH IN THEIR USE AND THEIR CASH-OUT IN, AS WELL AS BEING CASHED OUT AT THE TERMINATION OF THE CONTRACT.
THIS AMENDMENT TO THE CONTRACT REMOVES THE CONDITION THAT ADMINISTRATIVE LEAVE IS NOT PAID OUT AND THE CORRECTION WILL NOW STATE THAT ADMINISTRATIVE LEAVE SHALL BE PAID OUT.
IF THERE ARE ANY ADDITIONAL QUESTIONS I CAN ANSWER.
>> IF YOU'RE TALKING MAYOR, YOU'RE MUTED.
WE'RE GOING TO BEGIN WITH MAYOR GILBERTO REYNA.
>> NO COMMENTS, MAYOR. THANK YOU.
>> [OVERLAPPING] ONE ITEM. BEFORE THE MEMBERS, WE HAVE TO ASK THE AUDIENCE.
AUDIENCE PARTICIPATION IS LIMITED TO TWO MINUTES PER SPEAKER AS YOU ALL KNOW.
IF YOU WOULD LIKE TO MAKE A COMMENT USING ZOOM, PLEASE USE THE RAISE HAND FEATURE TO REQUEST TO SPEAK, IF YOU ARE ON THE TELEPHONE, PLEASE USE THE STAR NINE ON YOUR KEYPAD.
YOU WILL BE CALLED UPON BY THE NUMBER YOU'RE CALLING FROM WHEN IT IS YOUR TURN TO SPEAK.
PLEASE STATE YOUR NAME FOR THE RECORD BEFORE YOU BEGIN YOUR COMMENT.
ONCE YOUR TIME HAS EXPIRED, YOU WILL BE MUTED.
AT THIS TIME MADAM CLERK DO WE HAVE ANY PUBLIC COMMENTS?
>> AT THIS TIME WE HAVE NO PUBLIC COMMENTS MAYOR.
>> DO YOU HAVE ANY COMMENTS OR QUESTIONS.
>> I'M SORRY, MAYOR I DIDN'T HEAR WHAT YOU SAID, BUT I THINK YOU'RE TALKING TO ME, SO I DON'T HAVE ANY COMMENTS OR QUESTIONS.
>> ALL RIGHT. IT'S PRETTY STRAIGHTFORWARD.
I LOOK FORWARD TO REVIEWING THE OTHER CONTRACTS AS WELL ACROSS THE EXECUTIVE BOARD.
WITH THAT BEING SAID, I GOING TO MOVE TO APPROVE.
>> THIS IS REYNA, I SECOND IT.
>> VERY WELL, THANK YOU. IT'S BEEN MOVED AND SECONDED, MADAM CLERK, PLEASE CALL A VOICE VOTE.
>> MOTION BY MAYOR GARCIA, SECOND BY MAYOR PRO TEM REYNA TO APPROVE THE AMENDING CONTRACT.
MOTION IS UNANIMOUSLY APPROVED.
>> WELL, GREAT. I'M [INAUDIBLE] BEEN TAKEN CARE OF, WITH NO OTHER BUSINESS WE'LL GO AHEAD AND MOVE TO ADJOURN.
MADAM CLERK, IS THAT EVERYTHING WE HAVE FOR TONIGHT?
>> THAT IS EVERYTHING WE HAVE, MAYOR.
>> THANKS A LOT. THANK YOU ALL.
I APPRECIATE YOU ALL JOINING AND JUMPING ON, ON A THURSDAY EVENING.
YOU ENJOY YOUR EVENING, HAVE A GOOD DINNER.
WE'LL MOVE TO ADJOURN. IT IS NOW [OVERLAPPING].
>>THANK YOU. GOODNIGHT EVERYONE.
>> GOODNIGHT.
* This transcript was compiled from uncorrected Closed Captioning.